Opinion
2:20-cr-00299-GMN-EJY
02-22-2023
UNITED STATES OF AMERICA Plaintiff, v. VINCENT SULLIVAN, Defendant.
HOFLAND & TOMSHECK JOSHUA TOMSHECK, ESQ. Counsel for Defendant VINCENT SULLIVAN JASON M. FRIERSON United States Attorney KIMBERLY ANNE SOKOLICH, ESQ. Assistant United States Attorney
HOFLAND & TOMSHECK
JOSHUA TOMSHECK, ESQ.
Counsel for Defendant
VINCENT SULLIVAN
JASON M. FRIERSON
United States Attorney
KIMBERLY ANNE SOKOLICH, ESQ.
Assistant United States Attorney
STIPULATION AND ORDER TO CONTINUE SENTENCING (FIFTH REQUEST)
IT IS HEREBY STIPULATED AND AGREED, by and between JASON M. FRIERSON, United States Attorney, and KIMBERLY ANNE SOKOLICH, ESQ., Assistant United States Attorney, counsel for the United States of America, and JOSHUA TOMSHECK, ESQ., counsel for Defendant VINCENT SULLIVAN, that the Sentencing and Disposition currently scheduled for February 22, 2023 at 11:00 a.m. be continued for a period of one (1) week to a date convenient for the Court.
This stipulation is entered into for the following reasons:
1. This is the fifth Sentencing and Disposition continuance request.
2. The defendant has a medical issue that makes the current setting not viable. The Defendant tested positive for COVID-19 about three weeks ago. About a week after the positive result, the Defendant's symptoms became severe. The Defendant developed an infection in his lungs and is currently on medication including antibiotics for the infection. While “it is in remission” it is expected that he should return to full health. On February 20, 2023, Defendant still tested positive for COVID-19.
3. The parties agree to the continuance.
4. The defendant is not in custody and does not object to this continuance.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
6. For the above stated reasons, the parties agree that a continuance of the Sentencing and Disposition would best serve the ends of justice in this case.
STIPULATION AND ORDER TO CONTINUE SENTENCING (FIFTH REQUEST)
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. This is the fifth Sentencing and Disposition continuance request.
2. The defendant has a medical issue that makes the current setting not viable. The Defendant tested positive for COVID-19 about three weeks ago. About a week after the positive result, the Defendant's symptoms became severe. The Defendant developed an infection in his lungs and is currently on medication including antibiotics for the infection. While “it is in remission” it is expected that he should return to full health. On February 20, 2023, Defendant still tested positive for COVID-19.
3. The parties agree to the continuance.
4. The defendant is not in custody and does not object to this continuance.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
6. For the above stated reasons, the parties agree that a continuance of the Sentencing and Disposition would best serve the ends of justice in this case.
ORDER
IT IS HEREBY ORDERED, that Sentencing and Disposition currently scheduled for February 22, 2023 at 11:00 a.m. be continued to 7th day of March, 2023 at 11:00 A.M.