Opinion
2:21-cr-00184-JCM-NJK
08-14-2023
UNITED STATES OF AMERICA Plaintiff, v. OFIR FRIEDEN, Defendant.
HOFLAND & TOMSHECK JOSHUA TOMSHECK, ESQ. COUNSEL FOR DEFENDANT OFIR FRIEDEN JASON M. FRIERSON UNITED STATES ATTORNEY DANIEL SCHIESS, ESQ. ASSISTANT UNITED STATES ATTORNEY
HOFLAND & TOMSHECK JOSHUA TOMSHECK, ESQ. COUNSEL FOR DEFENDANT OFIR FRIEDEN
JASON M. FRIERSON UNITED STATES ATTORNEY
DANIEL SCHIESS, ESQ. ASSISTANT UNITED STATES ATTORNEY
STIPULATION AND ORDER TO CONTINUE SENTENCING (Second Request)
IT IS HEREBY STIPULATED AND AGREED, by and between JASON M. FRIERSON, United States Attorney, and DANIEL SCHIESS, ESQ., Assistant United States Attorney, counsel for the United States of America, and JOSHUA TOMSHECK, ESQ., counsel for Defendant, OFIR FRIEDEN, that the Sentencing and Disposition currently scheduled for August 18, 2023, at 10:00 a.m. be continued to a date convenient for the Court no earlier than forty-days.
This stipulation is entered into for the following reasons:
1. That this is the second sentencing continuance requested;
2. That defense counsel started a double-murder trial in Nevada state court in the case of State v. Randolph, case number C250966, on August 7, 2023. This trial is expected to last at least three weeks.
3. That counsel has consulted with Mr. Frieden about this continuance. Mr. Frieden, who is not in custody at this time, supports this request for more time as he is in the process of saving up for, and scheduling, dental work that would be advantageous for him to complete before serving his federal sentence and facing removal from the country thereafter.
4. That the government has graciously agreed to not oppose this request.
5. That defense counsel will need some time after the completion of the State v. Randolph murder case to finish compiling mitigation materials, preparing a sentencing memorandum, and otherwise preparing for sentencing.
6. That, for the aforementioned reasons, denial of this request for continuance could result in a miscarriage of justice.
7. For the above stated reasons, the parties agree that a continuance of the Sentencing and Disposition would best serve the ends of justice in this case. The parties request a continuance of at least forty-days.
STIPULATION AND ORDER TO CONTINUE SENTENCING
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. That this is the second sentencing continuance requested;
2. That defense counsel started a double-murder trial in Nevada state court in the case of State v. Randolph, case number C250966, on August 7, 2023. This trial is expected to last at least three weeks.
3. That counsel has consulted with Mr. Frieden about this continuance. Mr. Frieden, who is not in custody at this time, supports this request for more time as he is in the process of saving up for, and scheduling, dental work that would be advantageous for him to complete before serving his federal sentence and facing removal from the country thereafter.
4. That the government has graciously agreed to not oppose this request.
5. That defense counsel will need some time after the completion of the State v. Randolph murder case to finish compiling mitigation materials, preparing a sentencing memorandum, and otherwise preparing for sentencing.
6. That, for the aforementioned reasons, denial of this request for continuance could result in a miscarriage of justice.
7. For the above stated reasons, the parties agree that a continuance of the Sentencing and Disposition would best serve the ends of justice in this case. The parties request a continuance of at least forty-days.
IT IS HEREBY ORDERED, that Sentencing and Disposition currently scheduled for August 18, 2023, at 10:00 a.m. be continued to September 27, 2023, at 10:00 a.m.