Opinion
2:22-CR-00101-APG-VCF
08-16-2022
UNITED STATES OF AMERICA, Plaintiff, v. GARY MANLEY, Defendant.
STIPULATION TO CONTINUE
SENTENCING HEARING
(FIRST REQUEST)
ANDREW P. GORDON, UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between the JASON M. FRIERSON, United States of America, and PETER S. LEVITT, Assistant United States Attorney, counsel for the United States of America, and RUSSELL E. MARSH, ESQUIRE, WRIGHT MARSH & LEVY, counsel for GARY MANLEY; that the sentencing hearing currently scheduled for September 1,2022 at 1:30 p.m., be vacated and continued to a date and time convenient to the Court, but no sooner than 14 days from the current sentencing date.
This Stipulation is entered into for the following reasons:
1. Defendant is not in custody and does not object to the continuance.
2. Defendant needs additional time togather information and prepare and file his sentencing memorandum and prepare for argument.
3. The parties agree to the requested continuance.
4. Additionally, denial of this request for continuance could result in a miscarriage of justice.
5. The additional time requested by this Stipulation is made in good faith and not for purposes of delay.
This is the first request for a continuance of the sentencing hearing.
ORDER
Based on the Stipulation of the parties, the Court hereby continues the sentencing of Defendant Gary Manleyin this matter. The ends of justice served by granting said continuance outweigh the best interest of the public and the Defendant in a speedy sentencing, because the failure to grant said continuance would be likely to result in a miscarriage of justice, and 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 of due diligence.
IT IS THEREFORE ORDERED that the sentencing in the above-captioned matter currently scheduled for September 1, 2022, at 1:30 p.m., be vacated and continued to September 15, 2022, at 9:00 a.m. in Las Vegas Courtroom 6C.