Opinion
2:21-cr-00229-GMN-BNW
11-28-2022
UNITED STATES OF AMERICA, Plaintiff, v. ERIC LONG, Defendant.
RENE L. VALLADARES Federal Public Defender JASON M. FRIERSON United States Attorney JOANNE L. DIAMOND Assistant Federal Public Defender K. NICHOLAS PORTZ Special Assistant United States Attorney
RENE L. VALLADARES Federal Public Defender
JASON M. FRIERSON United States Attorney
JOANNE L. DIAMOND Assistant Federal Public Defender
K. NICHOLAS PORTZ Special Assistant United States Attorney
STIPULATION TO CONTINUE SENTENCING HEARING (FOURTH REQUEST)
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and K. Nicholas Portz, Special Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Joanne L. Diamond, Assistant Federal Public Defender, counsel for Eric Long, that the Sentencing Hearing currently scheduled on November 30, 2022, be vacated and continued to a date and time convenient to the Court, but no sooner than fourteen (14) days.
This Stipulation is entered into for the following reasons:
1. The Pre-Sentence Report recommends a four-level enhancement under USSG §2K2.1(b)(6)(B), for using or possessing a firearm in connection with another felony offense. PSR at ¶23. Counsel for the defendant believes Mr. Long has a valid objection to this enhancement. However, counsel failed to timely raise an objection as required by LCR 32-1(b) and (d).
2. Counsel for the defendant believes she would not be acting as effective counsel for Mr. Long if she does not seek to raise an untimely objection before sentencing.
3. The additional time requested is to enable counsel for the defendant to file an untimely objection to paragraph 23 of the Pre-Sentence Report and allow counsel for the government sufficient time to respond.
4. The parties propose the following schedule:
The defendant's objections will be due by Friday, December 2, 2022.
The government's response will be due by Friday, December 9, 2022.
5. The defendant is out of custody and agrees with the need for the continuance.
6. The parties agree to the continuance.
This is the fourth request for a continuance of the sentencing hearing.
ORDER
IT IS THEREFORE ORDERED that the sentencing hearing currently scheduled for Wednesday, November 30, 2022 at 9:00 a.m., be vacated and continued to December 14, 2022 at the hour of 9;00 a.m.
IT IS FURTHER ORDERED that the defendant's objections to paragraph 23 of the presentence report are due by Friday, December 2, 2022.
IT IS FURTHER ORDERED that the government's response is due by Friday, December 9, 2022.