Opinion
2:20-cr-00156-010
07-06-2023
UNITED STATES OF AMERICA, Plaintiff, v. JOSE GERARDO CORTEZ-DIAZ, Defendant.
BENJAMIN DURHAM LAW FIRM Attorney for Defendant JASON FRIERSON United States Attorney Jacob Operskalski Assistant United States Attorney Attorney for Plaintiff
BENJAMIN DURHAM LAW FIRM Attorney for Defendant
JASON FRIERSON United States Attorney Jacob Operskalski Assistant United States Attorney Attorney for Plaintiff
STIPULATION TO CONTINUE SENTENCING (FIRST REQUEST)
IT IS HEREBY STIPULATED AND AGREED, by and between JACOB OPERSKALSKI, Assistant United States Attorney, counsel for Plaintiff, and BENJAMIN DURHAM, counsel for Defendant, that the sentencing currently scheduled for July n, 2023, be vacated and continued for approximately 30 days.
This Stipulation is entered into for the following reasons:
1. Defense counsel needs additional time to prepare and complete certain tasks related to sentencing mitigation in order to effectively represent Mr. Cortez-Diaz at the time of sentencing.
2. Defense counsel has a scheduling conflict on the current sentencing date.
3. All parties agree 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.
6. This is the first request to continue sentencing filed herein.
DATED this 3rd day of July 2023.
FINDINGS OF FACT
Based on the pending stipulation of counsel, and good cause appearing, the Court finds:
1. Defense counsel needs additional time to prepare and complete certain tasks related to sentencing mitigation in order to effectively represent Mr. Cortez-Diaz at the time of sentencing.
2. Defense counsel has a scheduling conflict on the current sentencing date.
3. All parties agree 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.
6. This is the first request to continue sentencing filed herein.
For all of the above-stated reasons, the ends of justice would best be served by a continuance of the sentencing.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for sentencing, taking into account the exercise of due diligence.
ORDER
IT IS HEREBY ORDERED that the sentencing currently scheduled for July 11, 2023 be continued to August 29, 2023 at 10:00 am