Opinion
2:19-cr-00032-RFB-VCF
07-31-2023
UNITED STATES OF AMERICA Plaintiff, v. PATTI A. KERN, Defendant.
NICHOLAS A. TRUTANICH UNITED STATES ATTORNEY TIMOTHY FINLEY Trial Attorneys Attorney for Plaintiff LAW OFFICE OF RYAN HELMICK, P.C. K. RYAN HELMICK, ESQ. Attorney for Defendant
NICHOLAS A. TRUTANICH UNITED STATES ATTORNEY TIMOTHY FINLEY Trial Attorneys Attorney for Plaintiff
LAW OFFICE OF RYAN HELMICK, P.C. K. RYAN HELMICK, ESQ. Attorney for Defendant
STIPULATION TO CONTINUE SENTENCING (Eighth Request)
IT IS HEREBY STIPULATED AND AGREED, by and between Nicholas A. Trutanich, United States Attorney, Christopher Chiou, Assistant United States Attorney, and United States Department of Justice Trial Attorneys Timothy Finley and Daniel Zytnick, and K. Ryan Helmick, Esq., of the LAW OFFICE OF RYAN HELMICK, P.C., counsel for Defendant, Patti A. Kern, that the sentencing currently set for August 14, 2023, be vacated and continued until approximately February 2024 by this Honorable Court.
This Stipulation is entered into based on the following reasons:
1. Counsel for the Defendant has spoken to the Defendant and the Defendant has no objection to the requested continuance;
2. Counsel for the Defendant has spoken to counsel for the Government and he has no objection to the requested continuance;
3. The Defendant is still cooperating with the Government and it is anticipated that her testimony may be needed for purposes of trial in United States v. Castro, et al., 2:19-cr-0295-GMN-NJK, now set a competency hearing on August 22, 2023 4. Denial of this request for continuance would result in a miscarriage of justice;
5. For all of the above-stated reasons, the ends of justice would be best served by a continuance of sentencing date until after the Castro trial is concluded;
6. This is the eighth request for a continuance of the sentencing date in this case.
FINDINGS OF FACT
Based upon the pending Stipulation or the parties, and good cause appearing therefor, the Court find that:
1. Counsel for the Defendant has spoken to the Defendant and the Defendant has no objection to the requested continuance;
2. Counsel for the Defendant has spoken to counsel for the Government and he has no objection to the requested continuance;
3. The Defendant is still cooperating with the Government and it is anticipated that her testimony may be needed for purposes of trial in United States v. Castro, et al., 2:19-cr-0295-GMN-NJK, now set for a competency hearing on August 22, 2023.
CONCLUSIONS OF LAW
1. Denial of this request for continuance would result in a miscarriage of justice;
2. For all of the above-stated reasons, the ends of justice would be best served by a continuance of sentencing date;
3. This is the eighth request for a continuance of the sentencing in this case.
ORDER
IT IS THEREFORE ORDERED that the sentencing currently scheduled for August 14, 2023 at 10:30 a.m. in Courtroom 7C be continued to February 15th of of 2024 at 8:30 a.m.