Opinion
2:19-cr-00056-JCM-DJA
01-27-2023
UNITED STATES OF AMERICA, Plaintiff, v. JORGE NAVARRO, Defendant.
Rachael E. Stewart, Esq. Counsel for Jorge Navarro Melanee Smith, Esq. Assistant United States Attorney Counsel for the United States of America
Rachael E. Stewart, Esq.
Counsel for Jorge Navarro
Melanee Smith, Esq.
Assistant United States Attorney
Counsel for the United States of America
STIPULATION TO CONTINUE SENTENCING
(Fifth Request)
IT IS HEREBY STIPULATED AND AGREED by JORGE NAVARRO, by and through his attorney, RACHAEL E. STEWART, ESQ., and the United States of America, by and through MELANEE SMITH, ESQ., Assistant United States Attorney, that the sentencing hearing scheduled for January 30, 2023, be continued for a period of thirty days, to a date and time convenient to this Honorable Court.
The request for a continuance is based upon the following:
1. Defense Counsel requires additional time to finish gathering information and consult with the client before proceeding with the sentencing hearing.
2. The Government has no objection to the continuance.
3. Mr. Navarro is in custody, and he does not object to the continuance.
4. The additional time requested herein is not sought for purposes of delay.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds:
1. Defense Counsel requires additional time to finish gathering information and consult with the client before proceeding with the sentencing hearing.
2. The Government has no objection to the continuance.
3. Mr. Navarro is in custody, and he does not object to the continuance.
4. The additional time requested herein is not sought for purposes of delay.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
CONCLUSION OF LAW
The ends of justice served by granting said continuance outweigh the best interests of the public and the defense, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the defendant sufficient time and the opportunity within which to be able to prepare for the sentencing hearing effectively and thoroughly, taking into account the exercise of due diligence.
ORDER
IT IS THEREFORE ORDERED that the sentencing hearing currently scheduled for January 30, 2023, at the hour of 10:30 a.m. be vacated and continued to March 1, 2023, at 10:00 a.m.