Opinion
2:20-cr-314-KJD-VCF-2
11-28-2022
UNITED STATES OF AMERICA, Plaintiff, v. JORGE RODRIGUEZ-CASTILLO, Defendant.
LUCAS J. GAFFNEY, ESQ. GAFFNEY LAW Attorney for Jorge Rodriguez-Castillo EDWARD G. VERONDA Assistant United States Attorney Attorney for the United States of America
LUCAS J. GAFFNEY, ESQ. GAFFNEY LAW Attorney for Jorge Rodriguez-Castillo
EDWARD G. VERONDA Assistant United States Attorney Attorney for the United States of America
STIPULATION TO CONTINUE SENTENCING
(FIRST REQUEST)
THE HONORABLE KENT DAWSON, UNITED STATES DISTRICT COURT JUDGE
IT IS HEREBY STIPULATED AND AGREED by and between JASON M. FRIERSON, United States Attorney; EDWARD G. VERONDA, Assistant United States Attorney; defendant JORGE RODRIGUEZ-CASTILLO, by and through his counsel LUCAS J. GAFFNEY, ESQ.; that the Sentencing hearing currently scheduled for Tuesday, December 6, 2022, at the hour of 9:30 a.m. be vacated and continued for at least fourteen (14) days to a time convenient to this Honorable Court.
The instant the Stipulation is entered into for the following reasons:
1. The Defendant, Jorge Rodriguez-Castillo is currently set for sentencing on December 6, 2022.
2. That same day, counsel for Mr. Rodriguez-Castillo must transport his wife to and from a medical procedure.
3. Additionally, counsel for Mr. Rodriguez-Castillo needs additional time to consult with Mr. Rodriguez-Castillo to prepare for sentencing. Because Mr. Rodriguez-Castillo is a native Spanish speaker, counsel requires the services of an interpreter to communicate with him. Counsel has encountered some difficulty scheduling visits and/or videoconferences with the Nevada Southern Detention Center during available time slots when both counsel and the interpreter are available.
4. Counsel for Mr. Rodriguez-Castillo respectfully requests the Court does not set the sentencing hearing on December 15th or 16th, because counsel must prepare for, and participate in, an evidentiary hearing (Derek Brown v. State of Nevada, case number C-12-281776-1) in the Eighth Judicial District Court on those days.
5. Counsel has spoken to Mr. Rodriguez-Castillo who is in custody, and he does not object to the continuance.
6. Counsel has spoken to AUSA Edward Veronda, who does not object to the continuance.
7. The additional time requested herein is not sought for purposes of delay.
8. This is the first stipulation to continue Mr. Rodriguez-Castillo's sentencing hearing.
Respectfully submitted.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
FINDINGS OF FACT
Based on the pending Stipulation of the parties, and good cause appearing therefore, the Court finds:
1. The Defendant, Jorge Rodriguez-Castillo is currently set for sentencing on December 6, 2022.
2. That same day, counsel for Mr. Rodriguez-Castillo must transport his wife to and from a medical procedure.
3. Additionally, counsel for Mr. Rodriguez-Castillo needs additional time to consult with Mr. Rodriguez-Castillo to prepare for sentencing. Because Mr. Rodriguez-Castillo is a native Spanish speaker, counsel requires the services of an interpreter to communicate with him. Counsel has encountered some difficulty scheduling visits and/or videoconferences with the Nevada Southern Detention Center during available time slots when both counsel and the interpreter are available.
4. Counsel for Mr. Rodriguez-Castillo respectfully requests the Court does not set the sentencing hearing on December 15th or 16th, because counsel must prepare for, and participate in, an evidentiary hearing (Derek Brown v. State of Nevada, case number C-12-281776-1) in the Eighth Judicial District Court on those days.
5. Counsel has spoken to Mr. Rodriguez-Castillo who is in custody, and he does not object to the continuance.
6. Counsel has spoken to AUSA Edward Veronda, who does not object to the continuance.
7. The additional time requested herein is not sought for purposes of delay.
8. This is the first stipulation to continue Mr. Rodriguez-Castillo's sentencing hearing.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interests of the public and the defense in a proceeding with the sentencing hearing as currently scheduled.
ORDER
IT IS THEREFORE ORDERED that the sentencing hearing currently scheduled for December 6 at the hour of 9:30 a.m. be vacated and continued to the 3rd day of January, 2023, at the hour of 10:00 a.m. in courtroom 4A.