Opinion
2:20-cr-00148-JAD-BNW
01-27-2022
UNITED STATES OF AMERICA Plaintiff, v. DONNELL HENRY, Defendant.
CHRISTOPHER CHIOU ACTING UNITED STATES ATTORNEY MELANEE SMITH, ESQ. Assistant United States Attorney JOSHUA TOMSHECK, ESQ. Attorney for Defendant
CHRISTOPHER CHIOU ACTING UNITED STATES ATTORNEY MELANEE SMITH, ESQ. Assistant United States Attorney
JOSHUA TOMSHECK, ESQ. Attorney for Defendant
STIPULATION AND ORDER TO CONTINUE SENTENCING AND DISPOSITION DATE
IT IS HEREBY STIPULATED AND AGREED by and between Christopher Chiou, Acting United States Attorney, and Melanee Smith, Assistant United States Attorney, counsel for the United States of America, and Joshua Tomsheck, Esq., counsel for Defendant, DONNELL HENRY, that the Sentencing and Disposition currently scheduled for January 31, 2022 at 2:00 P.M. to a date and time to be set by this Honorable Court, but no sooner than thirty (30) days.
This Stipulation is entered into for the following reasons:
1. This is the second Sentencing and Disposition continuance request.
2. The additional time requested herein is not sought for purposes of delay, but to address important issues relating to the sentencing.
3. Defense Counsel had a family medical emergency arise during the week and needs additional time to prepare for the sentencing.
4. 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. For the above stated reasons, the parties agree that a continuance of the Sentencing and Disposition Date would best serve the ends of justice in this case.
FINDINGS OF FACT
Based upon the pending Stipulation of counsel, and good cause appearing therefor, the Court hereby finds that:
This Stipulation is entered into for the following reasons:
1. This is the second Sentencing and Disposition continuance request.
2. The additional time requested herein is not sought for purposes of delay, but to address important issues relating to the sentencing.
3. Defense Counsel had a family medical emergency arise during the week and needs additional time to prepare for the sentencing.
4. 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. For the above stated reasons, the parties agree that a continuance of the Sentencing and Disposition Date would best serve the ends of justice in this case.
ORDER
IT IS HEREBY ORDERED that the Sentencing and Disposition date in the above-captioned matter currently scheduled for January 31, 2022 at 2:00 P.M. be vacated and continued to March 7, 2022, at 3:00 p.m.