Opinion
2:21-cr-00235-APG-EJY
10-18-2022
UNITED STATES OF AMERICA, Plaintiff, v. HAROLD DAVID SOBEL, Defendant. v.
KATHLEEN BLISS, ESQ. JACQUELINE TIRINNANZI, ESQ. KATHLEEN BLISS LAW PLLC Attorneys for Harold David Sobel JASON M. FRIERSON United States Attorney MINA CHANG Assistant United States Attorney MEREDITH BURNS HEALY Trial Attorney WEI XIANG Trial Attorney
KATHLEEN BLISS, ESQ. JACQUELINE TIRINNANZI, ESQ. KATHLEEN BLISS LAW PLLC Attorneys for Harold David Sobel
JASON M. FRIERSON United States Attorney
MINA CHANG Assistant United States Attorney
MEREDITH BURNS HEALY Trial Attorney
WEI XIANG Trial Attorney
STIPULATION TO CONTINUE SENTENCING AND PROPOSED ORDER SECOND 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 November 3, 2022 at 1:30 p.m. (ECF No. 80) is continued for one week, to a date and time convenient to this Court, which this Court has indicated as November 9, 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. Defense counsel Bliss was recently made aware she must travel out of state during the week of November 3, 2022, to assist with a family member's medical condition and appointments. Therefore, the parties agree to a one-week continuance of the sentencing date, currently scheduled for November 3, 2022, at 1:30 p.m. (ECF No. 80). This Court has indicated November 9, 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 second 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.
Dated this 17th day of October, 2022.
GUSTAV W. EYLER Director, Consumer Protection Branch U.S. Department 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. Defense counsel Bliss was recently made aware she must travel out of state during the week of November 3, 2022, to assist with a family member's medical condition and appointments. Therefore, the parties agree to a one-week continuance of the sentencing date, currently scheduled for November 3, 2022, at 1:30 p.m. (ECF No. 80). This Court has indicated November 9, 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 second 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 November 3, 2022, at 1:30 p.m., be VACATED.
IT IS FURTHER ORDERED that the sentencing hearing is reset for November 9, 2022 at the hour of 11:00 a.m in Courtroom 6C before Judge Andrew P. Gordon.