Opinion
2:21-cr-00235-APG-EJY
10-05-2022
UNITED STATES OF AMERICA, Plaintiff, v. HAROLD DAVID SOBEL, Defendant.
JASON M. FRIERSON UNITED STATES ATTORNEY MINA CHANG ASSISTANT UNITED STATES ATTORNEY GUSTAV W. EYLER DIRECTOR, CONSUMER PROTECTION BRANCH U.S. DEPARTMENT OF JUSTICE MEREDITH BURNS HEALY TRIAL ATTORNEY WEI XIANG TRIAL ATTORNEY JACQUELINE TIRINNANZI, ESQ. COUNSEL FOR HAROLD DAVID SOBEL
JASON M. FRIERSON UNITED STATES ATTORNEY
MINA CHANG
ASSISTANT UNITED STATES ATTORNEY
GUSTAV W. EYLER
DIRECTOR, CONSUMER PROTECTION BRANCH
U.S. DEPARTMENT OF JUSTICE
MEREDITH BURNS HEALY
TRIAL ATTORNEY
WEI XIANG
TRIAL ATTORNEY
JACQUELINE TIRINNANZI, ESQ.
COUNSEL FOR HAROLD DAVID SOBEL
STIPULATION TO CONTINUE SENTENCING AND PROPOSED ORDER (FIRST REQUEST)
HONORABLE ANDREW P. GORDON UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney for the District of Nevada, and Mina Chang, Assistant United States Attorney, and Gustav W. Eyler, Director, and Meredith B. Healy and Wei Xiang, Trial Attorneys, U.S. Department of Justice, Consumer Protection Branch, counsel for the United States of America, and Jacqueline Tirinnanzi and Kathleen Bliss, counsel for Harold David Sobel, that the sentencing hearing currently scheduled for October 12, 2022 at 9:30 a.m. (ECF No. 53) is continued for at least three weeks, to a date and time convenient to this Court, which this Court has indicated as November 3, 2022. This stipulation is made and based upon the following:
1. Mr. Sobel was indicted on August 24, 2021 with conspiracy (count one) in violation of 18 U.S.C. § 371 and false statement to a bank (counts two and three) in violation of 18 U.S.C. § 1014. (ECF No. 14.)
2. Mr. Sobel entered a change of plea on July 14, 2022, pleading guilty to one count of conspiracy to commit bank fraud in violation of 18 U.S.C. §§ 1349 and 1344(1). (ECF No. 53).
3. Counsel for Mr. Sobel were recently in Reno preparing and attending a trial during the first half of September 2022 and require additional time to review relevant materials and continue meeting with Mr. Sobel in preparation for sentencing.
4. The parties agree to at least a three-week continuance of the original sentencing date, currently scheduled for October 12, 2022 at 9:30 a.m. (EF No. 53). This Court has indicated November 3, 2022 as a convenient date to reschedule the sentencing hearing. Said date is also amenable for government counsel, some of whom will travel to Las Vegas from Washington, D.C.
5. Mr. Sobel remains in custody at the Nevada Southern Detention Center in Pahrump, Nevada and does not oppose this continuance.
6. The additional time requested herein is sought in good faith and not for purposes of delay.
7. This is the first stipulation to continue the sentencing hearing.
8. The additional time requested by this stipulation is reasonable pursuant to Fed. R. Crim. P. 32(b)(2), which states that the “court may, for good cause, change any time limits prescribed [for sentencing] in this rule.” Furthermore, a delay in sentencing does not implicate or undermine the defendant's speedy trial rights under the United States Constitution, which terminated upon conviction. See Betterman v. Montana, 136 S.Ct. 1609, 1617-18 (2016).
9. Denial of this request for continuance would deny counsel for Mr. Sobel sufficient time to effectively and thoroughly prepare for sentencing, taking into account due diligence. Accordingly, a denial of this request for continuance could result in a miscarriage of justice.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND PROPOSED ORDER
FINDINGS OF FACT
Based on the pending stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. Mr. Sobel was indicted on August 24, 2021 with conspiracy (count one) in violation of 18 U.S.C. § 371 and false statement to a bank (counts two and three) in violation of 18 U.S.C. § 1014. (ECF No. 14.)
2. Mr. Sobel entered a change of plea on July 14, 2022, pleading guilty to one count of conspiracy to commit bank fraud in violation of 18 U.S.C. §§ 1349 and 1344(1). (ECF No. 53).
3. Counsel for Mr. Sobel were recently in Reno preparing and attending a trial during the first half of September 2022 and require additional time to review relevant materials and continue meeting with Mr. Sobel in preparation for sentencing.
4. The parties agree to at least a three-week continuance of the original sentencing date, currently scheduled for October 12, 2022 at 9:30 a.m. (EF No. 53). This Court has indicated November 3, 2022 as a convenient date to reschedule the sentencing hearing. Said date is also amenable for government counsel, some of whom will travel to Las Vegas from Washington, D.C.
5. Mr. Sobel remains in custody at the Nevada Southern Detention Center in Pahrump, Nevada and does not oppose this continuance.
6. The additional time requested herein is sought in good faith and not for purposes ofdelay.
7. This is the first stipulation to continue the sentencing hearing.
8. The additional time requested by this stipulation is reasonable pursuant to Fed. R. Crim. P. 32(b)(2), which states that the “court may, for good cause, change any time limits prescribed [for sentencing] in this rule.” Furthermore, a delay in sentencing does not implicate or undermine the defendant's speedy trial rights under the United States Constitution, which terminated upon conviction. See Betterman v. Montana, 136 S.Ct. 1609, 1617-18 (2016).
9. Denial of this request for continuance would deny counsel for Mr. Sobel sufficient time to effectively and thoroughly prepare for sentencing, taking into account due diligence. Accordingly, a denial of this request for continuance could result in a miscarriage of justice.
ORDER
Based upon the stipulation of the parties, and good cause appearing, it is hereby ORDERED that Mr. Sobel's sentencing hearing currently scheduled for October 12, 2022, at 9:30 a.m., be VACATED.
IT IS FURTHER ORDERED that the sentencing hearing is reset for November 3, 2022 at the hour of 1:30 p.m. in Courtroom 6C before Judge Andrew P. Gordon.