Opinion
2:18-CR-00194-APG-VCF
04-11-2022
UNITED STATES OF AMERICA, Plaintiff, v. SERGIO DAVILA, Defendant.
CHRISTOPHER CHIOU, Acting United States Attorney Supriya Prasad Counsel for USA Waldo Law, LLC. Jennifer M. Waldo Counsel for Sergio Davila
CHRISTOPHER CHIOU, Acting United States Attorney Supriya Prasad Counsel for USA
Waldo Law, LLC. Jennifer M. Waldo Counsel for Sergio Davila
STIPULATION AND ORDER TO CONTINUE SENTENCING
(FIFTH REQUEST)
I
IT IS HEREBY STIPULATED AND AGREED, by and between Christopher Chiou, Acting United States Attorney, and Supriya Prasad, Assistant United States Attorney, counsel for the United States of America, and Jennifer M. Waldo counsel for Sergio Davila that the Sentencing date, currently scheduled for Wednesday, April 13, 2022 be vacated and set to a date and time convenient to this Court, but no sooner than thirty (30) days.
The Stipulation is entered into for the following reasons:
1. That on March 30, 2022, the court issued Minute Order, ECF Docket No. 92, ordering that the Sentencing Hearing set for April 13, 2022 would be conducted in person;
2. That the defendant, who is incarcerated and is not currently vaccinated, contacted counsel and advised that he would like an opportunity to get vaccinated prior to appearing in person for sentencing;
3. That defense counsel has spoken to government counsel and the government has no objection to this request for a continuance;
4. That the Defendant, Mr. Davila has no objection to the request for a continuance;
5. That the additional time requested herein is not sought for purposes of delay, but for the reasons stated above; and
6. This is the fifth request to continue the sentencing in this matter.
FINDINGS OF FACTS, CONCLUSIONS OF LAW AND ORDER
FINDINGS OF FACT
1. That on March 30, 2022, the court issued Minute Order, ECF Docket No. 92, ordering that the Sentencing Hearing set for April 13, 2022 would be conducted in person;
2. That the defendant, who is incarcerated and is not currently vaccinated, contacted counsel and advised that he would like an opportunity to get vaccinated prior to appearing in person for sentencing;
3. That defense counsel has spoken to government counsel and the government has no objection to this request for a continuance;
4. That the Defendant, Mr. Davila has no objection to the request for a continuance;
5. That the additional time requested herein is not sought for purposes of delay, but for the reasons stated above; and
6. This is the fifth request to continue the sentencing in this matter.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interests of the public and the defense in a proceeding with the sentencing hearing as currently scheduled.
ORDER
IT IS THEREFORE ORDERED that the sentencing date currently scheduled for April 13, 2022 at 1:30 p.m., be vacated and continued to the 8th day of June, 2022. at the hour of 10:00 a.m. in Courtroom 6C.