Opinion
2:21-cr-00221-JCM-BNW-1
11-10-2022
UNITED STATES OF AMERICA, Plaintiff, v. YOANDRY BENITEZ-CASTELLANO, Defendant.
RENE L. VALLADARES Federal Public Defender, JOY CHEN Assistant Federal Public Defender JASON M. FRIERSON United States Attorney, JEAN RIPLEY Assistant United States Attorney
RENE L. VALLADARES Federal Public Defender, JOY CHEN Assistant Federal Public Defender
JASON M. FRIERSON United States Attorney, JEAN RIPLEY Assistant United States Attorney
STIPULATION TO CONTINUE REVOCATION HEARING (FIRST REQUEST)
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Jean Ripley, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Joy Chen, Assistant Federal Public Defender, counsel for Yoandry Benitez-Castellano, that the Revocation Hearing currently scheduled on November 18, 2022, at 10:30 am, be vacated and continued to December 9, 2022, at 10:00 am.
This Stipulation is entered into for the following reasons:
1. Defense counsel for Mr. Benitez will be out of the jurisdiction at a training on the currently scheduled hearing date. Defense counsel attempted to have a colleague cover the matter, but Mr. Benitez felt uneasy going forward with someone other than assigned defense counsel. Although the matter has been negotiated and there is a joint sentencing
recommendation, the parties do anticipate arguing over whether Mr. Benitez should be granted a period in which to self-surrender to serve his custodial sentence.
2. The government has no opposition to continuing this matter until December 9, 2022. Probation opposes this continuance request.
3. The defendant is not in custody and agrees with the need for the continuance.
4. The parties agree to the continuance.
This is the first request for a continuance of the revocation hearing.
ORDER
IT IS THEREFORE ORDERED that the revocation hearing currently scheduled for Friday, November 18, 2022 at 10:30 a.m., be vacated and continued to December 9, 2022, at 10:00 a.m.