Opinion
2:19-cr-00133-APG-VCF
11-15-2022
UNITED STATES OF AMERICA Plaintiff, v. BRIAN SCARBOROUGH, Defendant.
JASON M. FRIERSON UNITED STATES ATTORNEY MELANEE SMITH ASSISTANT UNITED STATES ATTORNEY CHRIS MISHLER, ESQ. COUNSEL FOR DEFENDANT
JASON M. FRIERSON
UNITED STATES ATTORNEY
MELANEE SMITH
ASSISTANT UNITED STATES ATTORNEY
CHRIS MISHLER, ESQ.
COUNSEL FOR DEFENDANT
STIPULATION TO CONTINUE SENTENCING (FIRST REQUEST)
HONORABLE ANDREW P. GORDON UNITED STATES DISTRICT JUDGE
It is stipulated and agreed, by and between Jason M. Frierson, United States Attorney, Melanee Smith, Assistant United States Attorney, counsel for the United States of America, and Chris Mishler, counsel for defendant Brian Scarborough, that the sentencing scheduled in this matter for December 28, 2022, be vacated and continued for a period of 30 days. This stipulation is entered into for the following reasons:
1. The United States Department of Probation informed the parties it needs additional time to interview the defendant in order to properly prepare a Pre-Sentence Investigation Report.
2. The parties agree to the continuance;
3. Defendant is currently in custody and does not object to the continuance;
4. The parties are continuing to work on, and gather materials relating to sentencing;
5. This is the first request for continuance.
Order to Continue Sentencing
(First Request)
I. Findings of Fact
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds:
1. The United States Department of Probation informed the parties it needs additional time to interview the defendant in order to properly prepare a Pre-Sentence Investigation Report.
2. The parties agree to the continuance;
3. Defendant is currently in custody and does not object to the continuance;
4. The parties are continuing to work on, and gather materials relating to sentencing;
5. This is the first request for continuance.
II. Order
It is ordered the sentencing currently scheduled for December 28, 2022, be vacated and continued to February 1, 2023, at the hour of 9:00 am. in Courtroom 6C.
IT IS SO ORDERED.