Opinion
2:20-cr-00019-JCM-NJK
12-08-2022
UNITED STATES OF AMERICA, Plaintiff, v. BARRY ALLEN GABELMAN, Defendant.
JASON M. FRIERSON United States Attorney BIANCA R. PUCCI SUPRIYA PRASAD Assistant United States Attorneys Attorneys for the United States of America DANIEL HILL Attorney for Defendant BARRY ALLEN GABELMAN
JASON M. FRIERSON
United States Attorney
BIANCA R. PUCCI
SUPRIYA PRASAD
Assistant United States Attorneys
Attorneys for the United States of America
DANIEL HILL
Attorney for Defendant
BARRY ALLEN GABELMAN
STIPULATION TO CONTINUE SENTENCING HEARING (FOURTH REQUEST)
HONORABLE JAMES C. MAHAN, UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Bianca R. Pucci and Supriya Prasad, Assistant United States Attorneys, counsel for the United Stated of America, Daniel Hill, Esq., attorney for the defendant Barry Allen Gabelman, that the sentencing hearing currently scheduled for January 18, 2023 at 10:00 a.m. be vacated and set to January 27, 2023 at 11:00 a.m. This Stipulation is entered into for the following reasons:
1. The government counsel has a scheduling conflict and will no longer be available for the currently scheduled sentencing hearing.
2. Defendant file a motion for acquittal that is currently pending before this Court.
3. The parties sought a convenient time to re-schedule the sentencing hearing within a week of the currently scheduled hearing from the Courtroom Administrator. The Courtroom Administrator provided the parties with the date of January 27, 2023 at 11:00 a.m.
4. The Defendant is in custody and does not object to the continuance.
5. The parties agree to the continuance.
6. Additionally, denial of this request for continuance could result in a miscarriage of justice.
7. The additional time requested by this stipulation is made in good faith and not for purpose of delay.
8. This is the fourth request for a continuance of the sentencing hearing.
ORDER
Based on the Stipulation of counsel, good cause appearing therefore, the Court finds that:
1. The government counsel has a scheduling conflict and will no longer be available for the currently scheduled sentencing hearing.
2. Defendant file a motion for acquittal that is currently pending before this Court.
3. The parties sought a convenient time to re-schedule the sentencing hearing within a week of the currently scheduled hearing from the Courtroom Administrator. The Courtroom Administrator provided the parties with the date of January 27, 2023 at 11:00 a.m.
4. The Defendant is in custody and does not object to the continuance.
5. The parties agree to the continuance.
6. Additionally, denial of this request for continuance could result in a miscarriage of justice.
7. The additional time requested by this stipulation is made in good faith and not for purpose of delay.
8. This is the fourth request for a continuance of the sentencing hearing.
IT IS HEREBY ORDERED that the Sentencing Hearing currently scheduled on January 18, 2023 at 10:00 a.m., be vacated and continued to January 27, 2023 at 11:00 a.m.