Opinion
2:17-CR-110-APG-DJA
04-19-2022
UNITED STATES OF AMERICA, Plaintiff, v. PHILLIP HURBACE, LARRY ANTHONY MCDANIEL, and SYLVAINE DELLA WHITMORE,
OSVALDO E. FUMO, ESQ. PITARO & FUMO CHTD. Attorney for Defendant PHILLIP HURBACE. LISA RASMUSSEN, ESQ. Attorney for Defendant SYLVAINE DELLA WHITMRE. DANIEL HILL, ESQ. Attorney for Defendant LARRY ANTHONY MCDANIEL. TONY LOPEZ, AUSA Assistant United States Attorney.
OSVALDO E. FUMO, ESQ. PITARO & FUMO CHTD. Attorney for Defendant PHILLIP HURBACE.
LISA RASMUSSEN, ESQ. Attorney for Defendant SYLVAINE DELLA WHITMRE.
DANIEL HILL, ESQ. Attorney for Defendant LARRY ANTHONY MCDANIEL.
TONY LOPEZ, AUSA Assistant United States Attorney.
STIPULATION AND ORDER TO CONTINUE SENTENCING
IT IS HEREBY STIPULATED AND AGREED, by and between TONY LOPEZ, ESQ., Assistant United States Attorney, counsel for the United States of America, and OSVALDO E. FUMO, ESQ., counsel for PHILLIP HURBACE, DANIEL HILL, ESQ., counsel for LARRY ANTHONY MCDANIEL, and LISA RASSMUSSEN, ESQ., counsel for SYLVAINE DELLA WHITMORE, that the Sentencing Hearing currently scheduled for April 21, 2022, at 9:30, 10:30 a.m., and 1:30 p.m., be vacated and reset or a date and time convenient to the court, but not earlier than September 2022.
1. Counsels for defendants has spoken to their clients and they have no objection to the request of continuance.
2. Defendants are out on pretrial release.1
3. Counsels has spoken to AUSA Tony Lopez and he does not oppose to the continuance.
4. Counsels needs additional time to prepare for sentencing.
5. Counsel are requesting that sentencing be set out to September 2022.
6. Denial of this request for continuance could result in a miscarriage justice.
7. For all the above-stated reasons, the ends of justice would best be served by a continuance of the Sentencing Hearing until a date and time convenient to the court.
This is the 2nd request for continuance filed herein. 2
FINDINGS OF FACT
1. Counsels for defendants has spoken to their clients and they have no objection to the request of continuance.
2. Defendants are out on pretrial release.
3. Counsels has spoken to AUSA Tony Lopez and he does not oppose to the continuance.
4. Counsels needs additional time to prepare for sentencing.
5. Counsel are requesting that sentencing be set out to September 2022.
6. Denial of this request for continuance could result in a miscarriage justice.
7. For all the above-stated reasons, the ends of justice would best be served by a 3 continuance of the Sentencing Hearing until a date and time convenient to the court.
This is the 2ND request for continuance filed herein.
CONCLUSIONS OF LAW
Denial of this request for continuance would deny the parties herein the opportunity to effectively and thoroughly prepare for Sentencing Hearing.
Additionally, denial of this request for continuance could result in a miscarriage of justice.
ORDER
IT IS HEREBY ORDERED that the sentencing hearings currently scheduled for April 21, 2022, are vacated, and continued.
Hurbace is continued to September 22, 2022, at 10:30 a.m.
McDaniel is continued to September 22, 2022, at 1:30 p.m.
Whitmore is continued to September 22, 2022, at 2:30 p.m.
In Courtroom 6C before Judge Andrew P. Gordon. 4