Opinion
2:18-cr-00223-APG-DJA
08-08-2022
UNITED STATES OF AMERICA, Plaintiff, v. MARIO ABREGO Defendant.
James A. Oronoz, Esq. Oronoz & Ericsson, LLC Attorney for Mario Abrego. Kimberly Sokolich, Esq. Assistant United States Attorney Melanee Smith Assistant United States Attorney Attorneys for the United States of America.
James A. Oronoz, Esq. Oronoz & Ericsson, LLC Attorney for Mario Abrego.
Kimberly Sokolich, Esq. Assistant United States Attorney Melanee Smith Assistant United States Attorney Attorneys for the United States of America.
STIPULATION TO CONTINUE SENTENCING (FIRST REQUEST)
IT IS HEREBY STIPULATED AND AGREED by Defendant MARIO ABREGO, by and through his attorney, JAMES A. ORONOZ, ESQ., the United States of America, by and through MELANEE SMITH, ESQ., and KIMBERLY SOKOLICH, ESQ., Assistant United States Attorneys, that the sentencing hearing currently scheduled for August 31, 2022, at the hour of 1:30 p.m., be vacated and continued for at least ninety (90) days past the current setting to a date and time that is convenient to this Honorable Court. The request for a continuance is based upon the following:
1. Counsel requires additional time to review and analyze all mitigation materials received in this matter, as well as meet and confer with their client.
2. Defense Counsel for Mario Abrego has spoken to his client, who is in custody, and Mr. Abrego does not oppose the continuance.
3. Defense Counsel for Mario Abrego has spoken to the Assistant United States Attorney Kimberly Sokolich, and the Government has no objection to the continuance.
4. The additional time requested by this Stipulation to Continue Sentencing is reasonable pursuant to Fed.R.Crim.P. Rule 32(b)(2), which states that the “court may, for good cause, change any time limits prescribed in this rule.”
5. The additional time requested herein is not sought for purposes of delay.
6. Additionally, denial of this request for continuance could result in a miscarriage of justice.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
Based on the pending Stipulation of counsel, and good cause appearing, therefore, the Court finds:
1. Counsel requires additional time to review and analyze all mitigation materials received in this matter, as well as meet and confer with their client.
2. Defense Counsel for Mario Abrego has spoken to his client, who is in custody, and Mr. Abrego does not oppose the continuance.
3. Defense Counsel for Mario Abrego has spoken to the Assistant United States Attorney Kimberly Sokolich, and the Government has no objection to the continuance.
4. The additional time requested by this Stipulation to Continue Sentencing is reasonable pursuant to Fed.R.Crim.P. Rule 32(b)(2), which states that the “court may, for good cause, change any time limits prescribed in this rule.”
5. The additional time requested herein is not sought for purposes of delay.
6. Additionally, denial of this request for continuance could result in a miscarriage of justice.
CONCLUSIONS OF LAW
Denial of this request for continuance would deny the parties herein the opportunity to prepare for Sentencing Hearing effectively and thoroughly.
Additionally, denial of this request for continuance could result in a miscarriage of justice.
ORDER
IT IS THEREFORE ORDERED that the sentencing hearing currently scheduled for August 31, 2022, at the hour of 1:30 p.m. be vacated and continued to the 29th day of November, 2022, at the hour of 1:30 p.m..