Opinion
2:18-cr-00129-JCM-DJA-1
04-08-2022
UNITED STATES OF AMERICA, Plaintiff, v. BENJAMIN COTTMAN, Defendant.
CLARK HILL PLLC PAOLA M. ARMENI Nevada Bar No. 8357 Attorney for Defendant, Benjamin Cottman Allison Reese, Esq. Assistant United States Attorney Attorney for Plaintiff, UNITED STATES OF AMERICA
CLARK HILL PLLC
PAOLA M. ARMENI
Nevada Bar No. 8357
Attorney for Defendant, Benjamin Cottman
Allison Reese, Esq.
Assistant United States Attorney
Attorney for Plaintiff, UNITED STATES OF AMERICA
STIPULATION AND ORDER TO CONTINUE SENTENCING (NINTH REQUEST)
JAMES C. MAHAN, UNITED STATES DISTRICT COURT JUDGE
IT IS HEREBY STIPULATED by and between Defendant, Benjamin Cottman, by and through his counsel, Paola M. Armeni, Esq., of the law firm of Clark Hill PLLC and the Plaintiff, United States of America, by and through Allison Reese, Esq., Assistant United States Attorney, that the sentencing hearing, which is currently scheduled for April 22, 2022, at 10:30 a.m., be vacated and rescheduled to a day and time convenient to the Court but not earlier than sixty (60) days.
This Stipulation is entered into for the following reasons:
1. Paola M. Armeni was appointed by this Court as counsel for Mr. Cottman on October 22, 2021.
2. Counsel for Mr. Cottman received over 1000 pages of documents in response to a request for documents to the Federal Bureau of Prisons. Further, she received documents from the Nevada Southern Nevada Detention Center. Counsel is still in the process of reviewing those documents.
3. Further, in preparation for sentencing, defense counsel has sought expert services which have been approved by the Court. In speaking with the expert doctor, additional time is necessary to complete his services including writing a report, if necessary.
4. Mr. Cottman has appeared in this case, and is in custody and, along with the government, agrees to this short continuance.
5. The additional time requested herein is not sought for purposes of delay and the denial of this request for a continuance could result in a miscarriage of justice.
6. Federal Rule of Criminal Procedure 32(b)(2) permits this Court to continue a sentencing hearing for good cause. Good cause exists in this case.
7. For all the above-stated reasons, the ends of justice would be best served by a short continuance of the sentencing hearing.
8. This is the Ninth request for a continuance of the sentencing hearing.
FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court hereby finds that:
CONCLUSIONS OF LAW
Based on the fact that counsel has agreed to a continuance, the Court hereby concludes that:
1. Paola M. Armeni was appointed by this Court as counsel for Mr. Cottman on October 22, 2021.
2. Counsel for Mr. Cottman received over 1000 pages of documents in response to a request for documents to the Federal Bureau of Prisons. Further, she received documents from the Nevada Southern Nevada Detention Center. Counsel is still in the process of reviewing those documents.
3. Further, in preparation for sentencing, defense counsel has sought expert services which have been approved by the Court. In speaking with the expert doctor, additional time is necessary to complete his services including writing a report, if necessary.
4. Mr. Cottman has appeared in this case, and is in custody and, along with the government, agrees to this short continuance.
5. The additional time requested herein is not sought for purposes of delay and the denial of this request for a continuance could result in a miscarriage of justice.
6. Federal Rule of Criminal Procedure 32(b)(2) permits this Court to continue a sentencing hearing for good cause. Good cause exists in this case.
7. For all the above-stated reasons, the ends of justice would be best served by a short continuance of the sentencing hearing.
8. This is the Ninth request for a continuance of the sentencing hearing.
ORDER
IT IS HEREBY ORDERED that the sentencing hearing in this matter scheduled for April 22, 2022, at the hour of 10:30 a.m. is hereby vacated and continued to June 24, 2022, at the hour of 10:00 a.m., in Courtroom 6A.