Opinion
2:21-cr-00113-APG-EJY
02-21-2023
JASON M. FRIERSON United States Attorney BIANCA R. PUCCI Assistant United States Attorney RENE L. VALLADARES Federal Public Defender BENJAMIN F. NEMEC Assistant Federal Public Defender Attorney for Defendant Tommy Gholson
JASON M. FRIERSON United States Attorney
BIANCA R. PUCCI Assistant United States Attorney
RENE L. VALLADARES Federal Public Defender
BENJAMIN F. NEMEC Assistant Federal Public Defender Attorney for Defendant Tommy Gholson
STIPULATION TO CONTINUE SENTENCING HEARING
Andrew P. Gordon Honorable Judge
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Bianca R. Pucci, Assistant United States Attorney, counsel for the United Stated of America, and Rene L. Valladares, Federal Public Defender, and Benjamin F. Nemec, Assistant Federal Public Defender, counsel for Tommy Gholson, that the Sentencing Hearing currently scheduled on Tuesday, March 7, 2023, at 1:30 p.m., be vacated and continued to a time convenient to the Court but no sooner than 7 days. This Stipulation is entered into for the following reasons:
1. The government attorney will be out of the district for the current scheduled sentencing date and time.
2. The Defendant is out of custody and does not object to the continuance.
3. The parties agree to the continuance.
4. Under Rule 32(b) of the Federal Rules of Criminal Procedure, the district court must impose sentence without unnecessary delay. The government's request to continue sentencing is necessary for the government to adequately prepare and be present at the defendant's sentencing hearing.
5. This is the third request for continuance filed herein.
ORDER
Based on the Stipulation of counsel, good cause appearing therefore, the Court finds that:
1. The government attorney will be out of the district for the current scheduled sentencing date and time.
2. The Defendant is in custody and does not object to the continuance.
3. The parties agree to the continuance.
4. Under Rule 32(b) of the Federal Rules of Criminal Procedure, the district court must impose sentence without unnecessary delay. The government's request to continue sentencing is necessary for the government to adequately prepare and be present at the defendant's sentencing hearing.
5. This is the third request for continuance filed herein.
IT IS HEREBY ORDERED that the Sentencing Hearing currently scheduled on Tuesday, March 7, 2023 at the hour of 1:30 p.m., be vacated and continued to March 22, 2023 at the hour of 1:30 p.m. in Courtroom 6C.