Opinion
2:18-cr-00129-JCM-DJA-1
04-20-2022
UNITED STATES OF AMERICA, Plaintiff, v. BENJAMIN COTTMAN, Defendant.
UNITED STATES ATTORNEY DISTRICT OF NEVADA Allison Reese, Esq. Assistant United States Attorney Attorney for Plaintiff, UNITED STATES OF AMERICA CLARK HILL PLLC PAOLA M. ARMENI Attorney for Defendant, Benjamin Cottman
UNITED STATES ATTORNEY DISTRICT OF NEVADA Allison Reese, Esq. Assistant United States Attorney Attorney for Plaintiff, UNITED STATES OF AMERICA
CLARK HILL PLLC PAOLA M. ARMENI Attorney for Defendant, Benjamin Cottman
STIPULATION AND ORDER TO CONTINUE SENTENCING (TENTH REQUEST)
JAMES C. ADAHAN, 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 June 24, 2022, at 10:00 a.m., be continued to June 29, 2022, at 10:00 a.m.
This Stipulation is entered into for the following reasons:
1. Sentencing in this matter is currently scheduled for June 24, 2022, at 10:00 a.m.
2. On June 24, 2022, Ms. Armeni will be out of the jurisdiction. She will be sworn in as President of the State Bar of Nevada during the annual State Bar conference which is being held in California.
3. Ms. Armeni requests a brief continuance of the current sentencing hearing so that she can be present on Mr. Cottman's behalf.
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 tenth 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. Sentencing in this matter is currently scheduled for June 24, 2022, at 10:00 a.m.
2. On June 24, 2022, Ms. Armeni will be out of the jurisdiction. She will be sworn in as President of the State Bar of Nevada during the annual State Bar conference which is being held in California.
3. Ms. Armeni requests a brief continuance of the current sentencing hearing so that she can be present on Mr. Cottman's behalf.
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 tenth request for a continuance of the sentencing hearing.
ORDER
IT IS HEREBY ORDERED that the sentencing hearing in this matter scheduled for June 24, 2022, at the hour of 10:00 a.m. is hereby vacated and continued to the 29th day of June, 2022, at the hour of 10:00 a.m., in Courtroom 6A.