Opinion
2:20-CR-00313-APG-NJK
08-18-2022
UNITED STATES OF AMERICA, Plaintiff, v. MARCUS ANTHONY MILLNER, Defendant.
MICAHEL J. MICELI, ESQ. PITARO & FUMO CHTD. Attorney for Defendant MARCUS ANTHONY MILLNER CHRISTOPHER BURTON Assistant United States Attorney Attorney for the United States
MICAHEL J. MICELI, ESQ. PITARO & FUMO CHTD. Attorney for Defendant MARCUS ANTHONY MILLNER
CHRISTOPHER BURTON Assistant United States Attorney Attorney for the United States
STIPULATION TO CONTINUE SENTENCING HEARING (FIFTH REQUEST)
ANDREW P. GORDON UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between CHRISTOPHER BURTON, ESQ., Assistant United States Attorney, counsel for the United States of America, and MICHAEL J. MICELI, ESQ., counsel for MARCUS ANTHONY MILLNER, that the Sentencing Hearing currently set for September 1, 2022, at 11:00 a.m., be vacated and continued to a date and time convenient to the Court, but no sooner than 90 days from the date of this filing. In support of this Stipulation, the parties state as follows:
1. Defendant still needs additional time to satisfy his outstanding warrants.
2. Defendant is not in custody and does not object to this request for continuance.
3. Counsel has spoken to AUSA Christopher Burton, who does not oppose a continuance.
4. Denial of this request for continuance could result in a miscarriage justice.
5. 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 but no sooner than 90 days from the filing of this Stipulation.
6. This is the fourth request to continue the Sentencing Hearing in this matter.
WHEREFORE, the parties respectfully request that the Court accept the stipulation of the parties and enter an Order continuing the Sentencing Hearing to a date and time convenient to the Court but no sooner than 90 days from the date of the filing of this pleading. A proposed Order is attached for the Court's consideration.
DATED this 17th day of August, 2022.
Order
This matter coming on the parties' Stipulation to Continue Sentencing Hearing, the Court having considered the premises therein and good cause showing, the Court accepts the Stipulation of the parties and finds as follows:
1. Defendant still needs additional time to satisfy his outstanding warrants.
2. Defendant is not in custody and does not object to this request for continuance.
3. Counsel has spoken to AUSA Christopher Burton, who does not oppose a continuance.
4. Denial of this request for continuance could result in a miscarriage justice.
5. 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 but no sooner than 90 days from the filing of this Stipulation.
6. This is the fourth request to continue the Sentencing Hearing in this matter.
WHEREFORE, the Court accepts the Stipulation of the parties and ORDERS that the Sentencing Hearing, currently set for September 1, 2022, at 11:00 a.m., shall be, and is, VACATED and CONTINUED to the 29th day of December, 2022 at 9:00 a.m., in Courtroom 6C.
IT IS SO ORDERED.