Opinion
2:21-CR-264-RFB-NJK
01-15-2022
UNITED STATES OF AMERICA, Plaintiff, v. MELISSA LANDGRAF, Defendant.
OSVALDO E. FUMO, ESQ. PITARO & FUMO CHTD. Attorney for Defendant MELISSA LANDGRAF SIMON KUNG, AUSA Assistant United States Attorney
(FIRST REQUEST)
OSVALDO E. FUMO, ESQ. PITARO & FUMO CHTD. Attorney for Defendant MELISSA LANDGRAF
SIMON KUNG, AUSA Assistant United States Attorney
STIPULATION AND ORDER TO CONTINUE SENTENCING
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between SIMON KUNG, ESQ., Assistant United States Attorney, counsel for the United States of America, and OSVALDO E. FUMO, ESQ., counsel for MELISSA LANDGRAF, that the Sentencing Hearing currently scheduled for January 18, 2022, at 10:00 a.m., be vacated and reset or a date and time convenient to the court, but not earlier than 90 days.
1. Counsel for defendant has spoken to defendant and she has no objection to the request of continuance.
2. Defendant is out of custody and out on pretrial release.
3. Counsel has spoken to AUSA Simon Kung and he does not oppose to the continuance.1
4. Counsel needs additional time to prepare for sentencing and to go over defendants issues and concerns.
5. Denial of this request for continuance could result in a miscarriage justice.
6. 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 1st request for continuance filed herein. 2
FINDINGS OF FACT
1. Counsel for defendant has spoken to defendant and she has no objection to the request of continuance.
2. Defendant is out of custody and out on pretrial release.
3. Counsel has spoken to AUSA Simon Kung and he does not oppose to the continuance.
4. Counsel needs additional time to prepare for sentencing and to go over defendants issues and concerns.
5. Denial of this request for continuance could result in a miscarriage justice.
6. 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.3
This is the 1st 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 Hearing currently scheduled for January 18, 2022, at 9:00 a.m., be continued to the 26th day of April at 9:00 AM in courtroom 7C. 4