Opinion
3:21-cr-00012-LRH-WGC
01-05-2022
UNITED STATES OF AMERICA Plaintiff, v. FRANCISCO NAVARRO-DELGADO, Defendants.
Thomas E. Viloria, Esq. VILORIA, OLIPHANT, OSTER & AMAN, L.L.P. Attorney for Francisco Navarro-Delgado ANDOLYN JOHNSON Asst. United States Attorney Counsel for Government
Thomas E. Viloria, Esq.
VILORIA, OLIPHANT, OSTER & AMAN, L.L.P.
Attorney for Francisco Navarro-Delgado
ANDOLYN JOHNSON
Asst. United States Attorney
Counsel for Government
STIPULATION TO CONTINUE SENTENCING
IT IS HEREBY STIPULATED AND AGREED by and through THOMAS E. VILORIA, counsel for FRANCISCO NAVARRO-DELGADO, CHRISTOPHER CHIOU, Acting United States Attorney, and ANDOLYN JOHNSON, Assistant United States Attorney, counsel for UNITED STATES OF AMERICA; that the sentencing set for January 13, 2022, 11:00 a.m. be continued to March 10, 2022, 11:00 a.m.
The continuance is necessary for the following reasons: Due to counsels' ongoing investigation into mitigating factors, the likelihood of motions being filed before sentencing and the need for additional time to effectively prepare for and present each party's sentencing position.
The defendant, who is out of custody, is in agreement that his counsel needs the additional time and consents to continuance of the sentencing
DATED this 3rd day of January, 2022.
ANDOLYN JOHNSON
Asst. United States Attorney
Counsel for Government
THOMAS E. VILORIA
VILORIA, OLIPHANT OSTER & AMAN, L.L.P.
Counsel for FRANCISCO NAVARRO-DELGADO
I, FRANCISCO NAVARRO-DELGADO, hereby consent to the above and foregoing Stipulation to Continue Sentencing.
Francisco Navarro-Delgado
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. The continuance is necessary for the following reasons. First, the failure to grant this continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. § 3161(h)(7)(B)(iv).
2. The defendant does not oppose the continuance.
3. The parties will need additional time to conduct investigation into mitigating factors and there is a likelihood of motions being filed before sentencing.
4. The additional time requested herein is not sought for purposes of delay, but merely to allow counsel for the defendant sufficient time to complete necessary research and prepare for sentencing
5. Denial of this request for continuance would deny counsel for the defendant sufficient time to effectively and thoroughly prepare, taking into account the exercise of due diligence.
This is the first stipulation to continue the sentencing filed herein.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public and the defendant, since the failure to grant said continuance would be likely to result in a miscarriage of justice, 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.
ORDER
IT IS THEREFORE ORDERED that the sentencing currently scheduled for January 13, 2022, at 11:00 a.m. be vacated and continued to March 10, 2022, at 11:00 a.m.