Opinion
2:17-cr-110 APG-DJA
08-22-2023
UNITED STATES OF AMERICA, Plaintiff, v. PHILLIP HURBACE, SYLVIANE WHITMORE, LARRY MCDANIEL, Defendants.
The Law Offices of Kristina Wildeveld & Associates, LISA A. RASMUSSEN, ESQ. Counsel for Sylviane Whitmore Hill Law Firm, DANIEL HILL, ESQ. Counsel for Larry McDaniel Pitaro & Fumo, Chtd. OSVALDO FUMO, ESQ. Counsel for Phillip Hurbace JASON FRIERSON, United States Attorney District of Nevada Richard Anthony Lopez BY: RICHARD ANTHONY LOPEZ Assistant United States Attorney
The Law Offices of Kristina Wildeveld & Associates,
LISA A. RASMUSSEN, ESQ.
Counsel for Sylviane Whitmore
Hill Law Firm,
DANIEL HILL, ESQ.
Counsel for Larry McDaniel
Pitaro & Fumo, Chtd.
OSVALDO FUMO, ESQ.
Counsel for Phillip Hurbace
JASON FRIERSON, United States Attorney District of Nevada
Richard Anthony Lopez
BY: RICHARD ANTHONY LOPEZ
Assistant United States Attorney
STIPULATION TO CONTINUE SENTENCING HEARINGS; RESTITION HEARING AND FORFEITURE DEADLINES
Andrew P. Gordon, United States District Judge
The parties, Phillip Hurbace, by and through his counsel, Osvaldo Fumo, Esq., Sylviane Whitmore, by and through her counsel, Lisa A. Rasmussen, Esq., Larry McDaniel, by and through his counsel, Daniel Hill, and the United States, by and through its counsel, Assistant United States Attorney Richard Anthony Lopez, hereby stipulate as follows:
1. The parties need additional time to prepare for sentencing and related matters, including a restitution hearing, and legal memoranda related to forfeiture.
2. The parties propose that the sentencing hearings be moved to October 12, 2023.
3. The parties propose that the restitution hearing be moved to October 10, 2023.
4. The parties propose that the government have until September 22, 2023 to file its Motion for Forfeiture Order.
5. All three defendants are on pretrial release and all three agree to these dates.
6. The government agrees to these dates.
7. Denial of this request would cause prejudice to both the government and the defendants.
ORDER
Pursuant to the Stipulation of the parties, and good cause appearing, IT IS HEREBY ORDERED that the government shall have until September 22, 2023 to file its Motions for Forfeiture Orders.
IT IS FURTHER ORDERED that the Restitution hearing presently scheduled for August 29, 2023 shall be vacated and rest to October 10, 2023 at 10:00 a.m./p.m.
IT IS FURTHER ORDERED that the Sentencing hearings presently scheduled for
August 30, 2023 shall be vacated and rest as follows on October 12, 2023:
Mr. Hurbace 11:00 a.m.
Ms. Whitmore 1:30 p.m.
Mr. McDaniel 2:30 P-m