United States v. Whitmore

Full title: UNITED STATES OF AMERICA, Plaintiff, v. SYLVIANE WHITMORE, LARRY MCDANIEL…

Court: United States District Court, District of Nevada

Date published: Jan 19, 2022

2:17-cr-110 APG-DJA (D. Nev. Jan. 19, 2022)

Opinion

2:17-cr-110 APG-DJA

01-19-2022

UNITED STATES OF AMERICA, Plaintiff, v. SYLVIANE WHITMORE, LARRY MCDANIEL, Defendants.

LISA A. RASMUSSEN, ESQ. Hill Firm, DANIEL HILL, ESQ. CHRISTOPHER CHIOU, RICHARD ANTHONY LOPEZ

THE HONORABLE ANDREW P. GORDON, UNITED STATES DISTRICT JUDGE

LISA A. RASMUSSEN, ESQ.

Hill Firm,

DANIEL HILL, ESQ.

CHRISTOPHER CHIOU,

RICHARD ANTHONY LOPEZ

STIPULATION TO EXTEND DEADLINES; PROPOSED ORDER

THE HONORABLE ANDREW P. GORDON, UNITED STATES DISTRICT JUDGE

The parties, Sylviane Whitmore, by and through her counsel, Lisa A. Rasmussen, Larry McDaniel, by and through his counsel, Daniel Hill, and the United States, by and through its counsel, Assistant United States Attorney Richard Anthony Lopez, hereby stipulate as follows:

1. Presently, the supplemental briefing on McDaniel and Whitmore's Motions for New Trial are due on January 18, 2022.

2. Defense counsel need additional time to prepare the supplements, in part because Mr. Hill has only just received the entire file from McDaniel's prior counsel. Additionally, neither Ms. Rasmussen nor Mr. Hill participated in the

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trial in this case, so there is substantial additional review that needs to be completed and neither are able to complete the supplements on or before January 18, 2022.

3. Defendants propose the following extensions of time:

a. Whitmore and McDaniel's supplement's due on February 17, 2022;

b. Government's Response due on March 16, 2022;

c. Whitmore and McDaniel's Replies due on March 30, 2022.

4. The government agrees to these extended dates but does not waive any rights to object to any procedural infirmities nor does this stipulation confer any statutory extensions upon the defendants unless the court finds cause for the same, which has yet to be determined.

5. The government's forfeiture motion, ECF 232, would continue to be held in abeyance and the sentencing hearings set for April 21, 2022 can later be adjusted as and if needed by the parties and/or the Court.

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6. Denial of this request would cause prejudice to the Defendants Whitmore and McDaniel and this request for an extension of time is not made for the purpose of delay.

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ORDER

Pursuant to the Stipulation of the parties, and good cause appearing, IT IS HEREBY ORDERED that the briefing schedule due on January 18, 2022 is hereby extended as follows:

a. Whitmore and McDaniel's supplements due on February 17, 2022;

b. Government's Response due on March 16, 2022;

c. Whitmore and McDaniel's Replies due on March 30, 2022.

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