Opinion
2:19-cr-00154-RFB-VCF-3
10-11-2022
UNITED STATES OF AMERICA, Plaintiff, v. RONALD SMITH, M.D., Defendant.
JASON FRIERSON UNITED STATES ATTORNEY DISTRICT OF NEVADA JACOB OPERSKALSKI, ESQ PETER S. LEVITT, ESQ. Assistant United States Attorney Attorneys for Plaintiff, CLARK HILL PLLC PAOLA M. ARMENI, GIA N. MARINA Attorneys for Defendant, Ronald Smith
JASON FRIERSON UNITED STATES ATTORNEY DISTRICT OF NEVADA
JACOB OPERSKALSKI, ESQ PETER S. LEVITT, ESQ. Assistant United States Attorney Attorneys for Plaintiff,
CLARK HILL PLLC PAOLA M. ARMENI, GIA N. MARINA Attorneys for Defendant, Ronald Smith
STIPULATION AND ORDER TO CONTINUE SENTENCING
RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED by and between Defendant, Ronald Smith, by and through his counsel, Paola M. Armeni, Esq., and Gia N. Marina, Esq., of the law firm of Clark Hill PLLC and the Plaintiff, United States of America, by and through Jason Frierson, United States Attorney, and Jacob Operskalski, Esq. and Peter S. Levitt, Esq., Assistant United States Attorneys, that the sentencing hearing currently scheduled for October 18, 2022, at 9:00 a.m. be vacated and set to a date and time convenient to the Court but not earlier than forty-five (45) days.
This Stipulation is entered into for the following reasons:
1. Sentencing in this matter is currently scheduled for October 18, 2022 at 9:00 a.m.
2. Defense counsel needs additional time to investigate issues relevant to sentencing and prepare for sentencing.
3. Mr. Smith has appeared in this case, and is not in custody and, along with the government, agrees to this continuance.
4. The additional time requested herein is not sought for purposes of delay and the denial of this request for a continuance could result in a miscarriage of justice.
5. Federal Rule of Criminal Procedure 32(b)(2) permits this Court to continue a sentencing hearing for good cause. Good cause exists in this case.
6. For all the above-stated reasons, the ends of justice would be best served by the continuance of the sentencing hearing.
7. This is the second request for a continuance of the sentencing hearing.
FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court hereby finds that:
CONCLUSIONS OF LAW
Based on the fact that counsel has agreed to a continuance, the Court hereby concludes that:
1. Sentencing in this matter is currently scheduled for October 18, 2022 at 9:00 a.m.
2. Defense counsel needs additional time to investigate issues relevant to sentencing and prepare for sentencing.
3. Mr. Smith has appeared in this case, and is not in custody and, along with the government, agrees to this continuance.
4. The additional time requested herein is not sought for purposes of delay and the denial of this request for a continuance could result in a miscarriage of justice.
5. Federal Rule of Criminal Procedure 32(b)(2) permits this Court to continue a sentencing hearing for good cause. Good cause exists in this case.
6. For all the above-stated reasons, the ends of justice would be best served by the continuance of the sentencing hearing.
7. This is the second request for a continuance of the sentencing hearing.
ORDER
IT IS HEREBY ORDERED that the sentencing hearing in this matter scheduled for October 18, 2022, at the hour of 9:00 a.m. is hereby vacated and continued to the day of December 15, 2022, at the hour of 10:00 a.m., in Courtroom 7C.