Opinion
2:20-cr-00096-RFB-VCF
04-28-2022
UNITED STATES OF AMERICA, Plaintiff, v. ANDRE MARQUISE JENNINGS, Defendant
ERICK M. FERRAN, ESQ. Counsel for Defendant Jennings KIMBERLY SOKOLICH, ESQ. Assistant United States Attorney
ERICK M. FERRAN, ESQ. Counsel for Defendant Jennings
KIMBERLY SOKOLICH, ESQ. Assistant United States Attorney
STIPULATION TO CONTINUE SENTENCING
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
IT IS HEREBY STIPULATED AND AGREED, by and between CHRISTOPHER CHIOU, ESQ., Acting United States Attorney, and KIMBERLY ANNE SOKOLICH, ESQ., Assistant United States Attorney, and counsel for the United States of America, ERICK M. FERRAN, ESQ., Counsel for Defendant ANDRE MARQUISE JENNINGS, that the Sentencing date in the above-captioned matter, currently set for May 2, 2022, at 9:00 a.m., be continued for forty-five (45) days or to a time convenient to this Honorable Court.
This stipulation is entered into for the following reasons:
1. Counsel for the Defendant need additional time to prepare for sentencing in the case.
2. Defendant Jennings is not in custody and does not object to the continuance;
3. All parties involved agree to the continuance;
4. This is the first request for a continuance of Defendant Jennings' sentencing. Defendant is compiling additional mitigation information and the undersigned has a scheduling conflict out of the jurisdiction.
5. Denial of this request for continuance would result in a miscarriage of justice.
6. This request for a continuance is made in good faith and is not intended to delay the proceedings in this matter.
7. The additional time requested by this stipulation is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A), when considering the factors under 18 U.S.C. §§ 3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv).
8. For all the above-stated reasons, the ends of justice would be best served by a continuance of Defendant Jennings' sentencing date.
ORDER TO CONTINUE SENTENCING
FINDINGS OF FACT
Based on the pending Stipulations of the parties, and good cause appearing therefore, the Court finds that:
1. Counsel for the Defendant need additional time to prepare for sentencing in the case.
2. Defendant JENNINGS is not in custody and does not object to the continuance;
3. All parties involved agree to the continuance;
4. This is the first request for a continuance of Defendant Jennings' sentencing. Defendant is compiling additional mitigation information and the undersigned has a scheduling conflict out of the jurisdiction.
5. Denial of this request for continuance would result in a miscarriage of justice.
6. This request for a continuance is made in good faith and is not intended to delay the proceedings in this matter.
7. The additional time requested by this stipulation is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A), when considering the factors under 18 U.S.C. §§ 3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv).
CONCLUSIONS OF LAW
1. The ends of justice served by granting said continuance outweigh the best interest o the public and the defendant in the presently set sentencing hearing, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for sentencing, taking into account the exercise o due diligence.
2. This request for a continuance is made in good faith and is not intended to delay the proceedings in this matter.
3. The additional time requested by this stipulation is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A), when considering the factors under 18 U.S.C. §§ 3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv).
4. For all the above-stated reasons, the ends of justice would be best served by a continuance of Defendant Jennings' sentencing date.
ORDER
IT IS ORDERED that the sentencing scheduled for May 2, 2022, at 9:00 a.m., be continued
IT IS FURTHER ORDERED that the Sentencing in this matter be scheduled for the 16th day of June, at 9: 00 am in LV Courtroom 7C.