Opinion
3:22-cr-00018-LRH-CLB
04-04-2023
UNITED STATES OF AMERICA, Plaintiff, v. BRENDA BARRINGER, Defendant.
Richard Casper, Esq. Tehan Slocum, Esq.
Richard Casper, Esq.
Tehan Slocum, Esq.
ORDER GRANTING STIPULATION TO CONTINUE SETENCING HEARING (FIRST REQUEST)
HONORABLE LARRY R. HICKS, UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, Esq., United States Attorney, Richard Casper, Esq., Assistant United States Attorney, and Tehan W. Slocum, Esq., counsel for defendant Brenda Barringer (hereinafter “Ms. Barringer”), that, the Sentencing Hearing shall be continued from Tuesday April 11, 2023, at 1:30 p.m. to Thursday, May 18, 2023, at 1:30 p.m.
The Stipulation is entered into for the following reasons:
1. The Sentencing Hearing is currently scheduled for Tuesday, April 11, 2023, at 1:30 p.m.
2. The assigned Assistant United States Attorney Andolyn Johnson is currently out of the office and shall return on April 12, 2023.
3. Assistant United States Attorney Richard Casper is assigned to cover the case on Ms. Johnson's behalf.
4. Counsel for the United States and counsel for Ms. Barringer agree that a continuance of the Sentencing Hearing for when Assistant United States Attorney Johnson returns is in the best interest of justice and meets the requirement for good cause for a continuance.
5. Ms. Barringer, who is currently in custody, is in agreement with continuing the Sentencing Hearing date.
6. The additional time requested herein is not sought for purposes of delay, but to allow for all parties to effectively and thoroughly prepare for the Sentencing Hearing, taking into account the exercise of due diligence.
7. Denial of this request for continuance could result in a miscarriage of justice, taking into account the exercise of due diligence.
8. The additional time requested by this stipulation comports with Fed. R. Crim. P. 32(b), whereby sentence is imposed without unnecessary delay.
9. This is the first stipulation to continue the Sentencing Hearing filed herein.
FINDINGS OF FACT AND ORDER
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. The Sentencing hearing in this matter is currently set for April 11, 2023.
2. The assigned Assistant United States Attorney Andolyn Johnson is currently out of the office and shall return on April 12, 2023.
3. Assistant United States Attorney Richard Casper is assigned to cover the case on Ms. Johnson's behalf.
4. Counsel for the United States and counsel for Ms. Barringer agree that a continuance of the Sentencing Hearing to when Assistant United States Attorney Johnson returns is in the best interest of justice and meets the requirement for good cause for a continuance.
5. Ms. Barringer, who is currently in custody, is in agreement with continuing the Sentencing Hearing date.
6. The additional time requested herein is not sought for purposes of delay, but to allow for all parties to effectively and thoroughly prepare for the Sentencing Hearing, taking into account the exercise of due diligence.
7. Denial of this request for continuance could result in a miscarriage of justice, taking into account the exercise of due diligence.
8. The additional time requested by this stipulation comports with Fed. R. Crim. P. 32(b), whereby sentence is imposed without unnecessary delay.
9. This is the first stipulation to continue the Sentencing Hearing filed herein.
ORDER
IT IS HEREBY ORDERED that the Sentencing Hearing set for Tuesday, April 11, 2023, is vacated and reset for Thursday, May 18, 2023, at 1:30 p.m. before Judge Larry R. Hicks in Reno Courtroom 3.
IT IS SO ORDERED.