Opinion
2:21-cr-00230-APG-VCF
11-15-2022
UNITED STATES OF AMERICA, Plaintiff, v. MARCUS MATTINGLY, Defendant.
RENE L. VALLADARES Federal Public Defender ADEN KEBEDE Assistant Federal Public Defender JASON M. FRIERSON United States Attorney MELANEE SMITH Assistant United States Attorney
RENE L. VALLADARES Federal Public Defender ADEN KEBEDE Assistant Federal Public Defender
JASON M. FRIERSON United States Attorney MELANEE SMITH Assistant United States Attorney
STIPULATION TO CONTINUE SENTENCING HEARING (FIRST REQUEST)
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Melanee Smith, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Aden Kebede, Assistant Federal Public Defender, counsel for Marcus Mattingly, that the sentencing hearing currently scheduled for December 28, 2022, be vacated and continued to a date and time convenient to the Court, but no sooner than forty-five (45) days.
This Stipulation is entered into for the following reasons:
1. Defense counsel for Mr. Mattingly will both be on holiday leave on the currently scheduled sentencing hearing. Additionally, co-counsel (Ms. Lazo) is expected to be in trial during the last week of January.
2. The requested continuance will also provide defense counsel additional time to go over the presentence investigation report more thoroughly with Mr. Mattingly to ensure that all his questions have been answered. The defendant is incarcerated and does not object to the continuance.
3. Defendant is incarcerated and does not object to a continuance.
4. The parties agree to the continuance.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice. This is the first request to continue the sentencing hearing filed herein.
ORDER
Based on the Stipulation of counsel and good cause appearing, IT IS THEREFORE ORDERED that the Sentencing Hearing currently scheduled on December 28, 2022, at the hour of 11:00 a.m., be vacated and continued to February 22, 2023 at the hour of 9:30 a.m. in Courtroom 6C.