Opinion
2:21-cr-00231-RFB-DJA
01-04-2022
UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA BOYD, Defendant.
CHRISTOPHER R. ORAM, ESQ.
CHRISTOPHER R. ORAM, ESQ.
STIPULATION TO CONTINUE SENTENCING (Second Request)
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED by JOSHUA BOYD, by and through his attorney, CHRISTOPHER R. ORAM, ESQ., and the United States of America, by and through JESSICA OLIVA, ESQ., Assistant United States Attorney, that the sentencing hearing scheduled for January 7, 2022, be continued for a period of two (2) weeks, to a date and time convenient to this Honorable Court.
The request for a continuance is based upon the following:
1. Defense Counsel has tested positive for COVID-19 and requests this brief continuance to allow him to recover prior to proceeding with the upcoming sentencing.
2. The Government has no objection to the continuance.
3. Mr. Boyd is out of custody, and he does not object to the continuance.
4. The additional time requested herein is not sought for purposes of delay.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
Christopher R. Oram, Esq. Attorney for Joshua Boyd
Jessica Oliva, Esq. Assistant United States Attorney Attorney for the United States of America
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds:
1. Defense Counsel has tested positive for COVID-19 and requests this brief continuance to allow him to recover prior to proceeding with the upcoming sentencing.
2. The Government has no objection to the continuance.
3. Mr. Boyd is out of custody, and he does not object to the continuance.
4. The additional time requested herein is not sought for purposes of delay.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
CONCLUSION OF LAW
The ends of justice served by granting said continuance outweigh the best interests of the public and the defense, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the defendant sufficient time and the opportunity within which to be able to prepare for the sentencing hearing effectively and thoroughly, taking into account the exercise of due diligence.
ORDER
IT IS THEREFORE ORDERED that the sentencing hearing currently scheduled for January 7, 2022, at the hour of 10:00 a.m. be vacated and continued to the 8th day of February, 5 2022, at the hour of 900 A M by videoconference.