Opinion
2:19-CR-252-JAD-DJA
04-14-2023
UNITED STATES OF AMERICA Plaintiff, v. ROBERTO D. HERNANDEZ, Defendant,
MATTHEW STROMENGER, ESQ. THE MATIAN FIRM A.P.C. Attorney for Defendant EDWARD VERONDA, ESQ. Assistant United States Attorney
MATTHEW STROMENGER, ESQ. THE MATIAN FIRM A.P.C. Attorney for Defendant
EDWARD VERONDA, ESQ. Assistant United States Attorney
STIPULATION AND ORDER TO CONTINUE SENTENCING (FIRST REQUEST)
IT IS HEREBY STIPULATED AND AGREED, by and between JASON M. FRIERSON, United Stated Attorney, and EDWARD VERONDA, ESQ., Assistant United States Attorney, counsel for the United States of America, and Matthew Stromenger, counsel for ROBERTO D. HERNANDEZ, that the Sentencing and Disposition currently scheduled for April 24, 2023 at 10:00 a.m. be continued for not less than four (4) weeks to a date convenient for the Court.
The Stipulation is entered into for the following reasons:
1. This is the first Sentencing and Disposition continuance request.
2. Counsel for Defendant just received the Pre-Sentence Investigation Report and needs time to review it. Additionally, Defendant is expecting to file a Sentencing Memorandum.
3. Defendant Hernandez is not incarcerated and does not object to the continuance.
4. The parties agree to the continuance.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
6. 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.
FINDING OF FACTS
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. This is the first Sentencing and Disposition continuance request.
2. Counsel for Defendant needs additional time to finalize negotiations to resolve the case.
3. Defendant Hernandez is not incarcerated and does not object to the continuance.
4. The parties agree to the continuance.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
6. 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.
ORDER
IT IS THEREFORE ORDERED that Sentencing and Disposition currently scheduled for April 4, 2023 at 2:00 p.m. to be continued to May 30, at 11:00 a.m.