Opinion
2:20-CR-00090-CDS-VCF
11-29-2022
UNITED STATES OF AMERICA, Plaintiff, v. QUNEIL GASTON, Defendant.
DAN COWHIG Assistant United States Attorney. GABRIEL L. GRASSO Attorney for GASTON.
DAN COWHIG Assistant United States Attorney.
GABRIEL L. GRASSO Attorney for GASTON.
STIPULATION TO CONTINUE SENTENCING DATE (FIRST REQUEST)
Certification: This stipulation is filed pursuant to General Order 2007-04.
IT IS HEREBY STIPULATED AND AGREED, by and between Jason Frierson United States Attorney, and Dan Cowhig, Assistant United States Attorney, counsel for the United States of America, and Gabriel L. Grasso, Esq, counsel for QUNEIL GASTON (GASTON), that the sentencing hearing currently scheduled for December 1, 2022, at 11:30 am., be vacated and continued to a date and time convenient to this court, but no event earlier than FOURTY FIVE (45) days.
Pursuant to General Order No. 2007-04, this stipulation is entered and based upon the following:
1. GASTON is in custody and does not oppose this continuance.
2. The parties agree to the continuance.
3. The parties have agreed on this sentencing continuance to allow GASTON time to recover from illness.
4. Although the requested 45 days falls in mid January for setting purposes, defense counsel informs the court that he will be out of the jurisdiction between January 23 and February 3.
5. Denial of this request for continuance would deny the defense sufficient time to be able to assist in defendant's sentencing and file a Sentencing Memorandum with the court.
6. This is the first request for a continuance of the sentencing date in this case.
STIPULATION TO CONTINUE SENTENCING DATE (FIRST REQUEST)
FINDINGS OF FACT
Based upon the submitted Stipulation, and good cause appearing therefore, the Court finds that:
1. The parties have agreed on this sentencing continuance to allow GASTON time to recover from illness.
2. GASTON is in custody does not oppose to the continuance.
3. The parties agree to the continuance.
CONCLUSIONS OF LAW
Denial of this request for continuance would result in a miscarriage of justice.
ORDER
IT IS ORDERED that the sentencing hearing currently scheduled for December 1, 2022, at 11:30 a.m., be vacated and continued to January 17, 2023, at the hour of 11:30 a.m. in courtroom 6B.
IT IS SO ORDERED.