Opinion
2:22-cr-00063-JCM-VCF-1
02-17-2023
UNITED STATES OF AMERICA, Plaintiff, v. GILBERT SOTO, Defendant.
RENE L. VALLADARES NAVID AFSHAR JASON M. FRIERSON DANIEL J. COWHIG
RENE L. VALLADARES
NAVID AFSHAR
JASON M. FRIERSON
DANIEL J. COWHIG
STIPULATION TO CONTINUE SENTENCING HEARING
(SECOND REQUEST)
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Daniel J. Cowhig, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Navid Afshar, Assistant Federal Public Defender, counsel for Gilbert Soto, that the sentencing hearing scheduled for March 3, 2023, be vacated and set to a date and time convenient to this Court, but no sooner than thirty (30) days.
The Stipulation is entered into for the following reasons:
1. Defense counsel needs additional time to research information presented in the Pre-sentence Investigation Report and is specifically following up 1 on information provided by the Defendant. This additional time is necessary to make objections, and prepare possible mitigation information prior to proceeding with the sentencing hearing.
2. Although Fed. R. Crim. P 32(f)(1) requires that “within 14 days after receiving the presentencing report, the parties must state in writing any objections,” Fed. R. Crim. P 32(i)(1)(D), authorizes the court “for good cause, [to] allow a party to make a new objection at any time before sentence is imposed.” Defense counsel requests that the court permit objections on behalf of the defendant to be filed by February 28, 2023. The USAO does not oppose this request.
3. Counsel and the United States Probation Office have conferred to ensure that the new sentencing date requested will permit the probation office to receive, assess, and respond to the additional objections before the sentencing hearing.
4. The defendant is incarcerated and does not object to the continuance.
5. The parties agree to the continuance.
This is the second stipulation to continue filed herein. 2
ORDER
The parties being in agreement, good cause being shown, and the ends of justice being best served by the granting of the requested continuance:
IT IS THEREFORE ORDERED that the defendant shall have until February 28, 2023, to make informal objections to the Presenting Investigation Report.
IT IS FURTHER ORDERED that the Sentencing currently scheduled for March 3, 2023 at 11:00 a.m., be vacated and continued to April 5, 2023 at 10:30 a.m.
IT IS SO ORDERED. 3