Opinion
2:19-cr-00072-JCM-BNW
11-14-2022
UNITED STATES OF AMERICA, Plaintiff, v. TIM OMAR TREVINO, Defendant.
ALLISON REESE ASSISTANT UNITED STATES ATTORNEY COUNSEL FOR DEFENDANT TIM OMAR TREVINO DAMIAN R. SHEETS, ESQ. NEVADA DEFENSE GROUP ATTORNEYS FOR DEFENDANT
ALLISON REESE ASSISTANT UNITED STATES ATTORNEY COUNSEL FOR DEFENDANT TIM OMAR TREVINO
DAMIAN R. SHEETS, ESQ. NEVADA DEFENSE GROUP ATTORNEYS FOR DEFENDANT
STIPULATION TO CONTINUE SENTENCING (SECOND REQUEST)
HON. JAMES C. MAHAN UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between ALLISON REESE, Assistant United States Attorney, counsel for the United States of America, and DAMIAN SHEETS, Esq., counsel for defendant TIM OMAR TREVINO:
THAT THE SENTENCING CURRENTLY SCHEDULED FOR November 16, 2022, at 10:00 a.m. be vacated and set to a time convenient for the Court, but avoiding November 22, 2022 through November 27, 2022, and also avoiding December 15, 2022 through December 25, 2022, as defense counsel will be out of the jurisdiction.
The Stipulation is entered into for the following reasons:
1. Defendant is currently working with family to produce and provide documentation that may be important for mitigation purposes at sentencing.
2. Defendant and defense counsel need additional time to obtain, prepare, and produce said information to the court.
3. The parties agree to the continuance.
4. Defendant is in custody and agrees to the continuance.
5. Counsel has also been informed, by Defendant's family, that defendant has tested positive for Covid-19.
6. Additionally, denial of this request for continuance could result in a miscarriage of justice.
This is the first request for a sentencing continuance for defendant TIM OMAR TREVINO.
ORDER TO CONTINUE CALENDAR CALL AND TRIAL
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. Defendant is currently working with family to produce and provide documentation that may be important for mitigation purposes at sentencing.
2. Defendant and defense counsel need additional time to obtain, prepare, and produce said information to the court.
3. The parties agree to the continuance.
4. Defendant is in custody and agrees to the continuance.
5. Counsel has also been informed, by Defendant's family, that defendant has tested positive for Covid-19.
6. Additionally, denial of this request for continuance could result in a miscarriage of justice.
ORDER
IT IS ORDERED that the sentencing currently scheduled be vacated and continued to January 13, 2023, at 11:00 a.m.