Opinion
2:20-cr-00277-GMN-NJK
08-23-2022
UNITED STATES OF AMERICA, Plaintiff, v. HEATH JAMES MACCURDY, Defendant.
RENE L. VALLADARES Federal Public Defender JASON M. FRIERSON United States Attorney KATHERINE TANAKA Assistant Federal Public Defender KIMBERLY MFRAYN Assistant United States Attorney
RENE L. VALLADARES Federal Public Defender
JASON M. FRIERSON United States Attorney
KATHERINE TANAKA Assistant Federal Public Defender
KIMBERLY MFRAYN 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 Kimberly M. Frayn, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Katherine Tanaka, Assistant Federal Public Defender, counsel for Heath James MacCurdy, that the Sentencing Hearing currently scheduled for August 30, 2022, at 10:00 a.m., be vacated and set to a date and time convenient to this Court, but no sooner than thirty (30) days.
The Stipulation is entered into for the following reasons:
1. Under the terms of the plea agreement, the parties will be seeking an adjustment under U.S.S.G 5G1.3 due to the existence of two pending state cases and the fact that Mr. MacCurdy is in primary state custody. As of August 15, 2022, one of the state cases was dismissed, but the other remains active. The parties are currently communicating with state 1 counsel on the remaining case to make sure the adjustment is appropriate and any supporting records are received.
2. The defendant is incarcerated and does not object to the continuance.
3. The parties agree to the continuance.
This is the fourth stipulation to continue filed herein. 2
ORDER
IT IS FURTHER ORDERED that the Sentencing Hearing currently scheduled for August 30, 2022, at the hour of 10:00 a.m., be vacated and continued to November 1, 2022 at the hour of 10:00 a.m. 3