Opinion
2:20-cr-00129-JAD-EJY
04-18-2023
UNITED STATES OF AMERICA, Plaintiff, v. TIMOTHY WILSON, Defendant.
CHRIS T. RASMUSSEN, ESQ. Nevada Bar No.:007149 RASMUSSEN LAW P.C. Attorney for Defendant PATRICK BURNS REGINA JEON Trial Attorneys
CHRIS T. RASMUSSEN, ESQ. Nevada Bar No.:007149
RASMUSSEN LAW P.C. Attorney for Defendant
PATRICK BURNS REGINA JEON Trial Attorneys
STIPULATION AND ORDER TO CONTINUE SENTENCING AND DEADLINES
HON. JENNIFER A. DORSEY UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Defendant, TIMOTHY WILSON, by and through his counsel Chris T. Rasmussen, Esq., and the United States of America, by and through Jason M. Frierson, United States Attorney, and Patrick Burns and Regina Jeon, Trial Attorneys, Department of Justice, Tax Division, that the sentencing hearing in this matter, currently scheduled for April 24, 2023, at 3:00 p.m., be continued to June 21, 2023, with objections to the presentence investigation report due on May 8, 2023, the parties' sentencing memoranda due on June 9, 2023 and responses to sentencing memoranda due on June 16, 2023.
This Stipulation is entered into for the following reasons:
1. The parties agree to a continuance of the sentencing hearing currently scheduled for April 24, 2023;
2. Counsel for Defendant needs additional time to adequately prepare for sentencing;
3. Defendant is not in custody. Counsel for Defendant has spoken to the Defendant and the Defendant has no objection to this continuance;
4. The parties understand that the Court may be able to accommodate their request to continue the sentencing hearing to June 21, 2023. The parties also request that the Court set the parties' deadline for filing objections to the presentence investigation report as May 8, 2023, with sentencing memoranda due on June 9, 2023, and responses to sentencing memoranda and objections due on June 16, 2023;
5. This request is made in good faith and not for purposes of delay. Denial of this request could result in a miscarriage of justice;
6. For all the above-stated reasons, the ends of justice would best be served by a continuance of the sentencing hearing and associated deadline;
7. This is the first request for a continuance of the sentencing in this matter.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Based on the stipulation of counsel, and good cause appearing, the Court finds that:
1. The parties agree to a continuance of the sentencing hearing currently scheduled for April 24, 2023;
2. Counsel for Defendant needs additional time to adequately prepare for sentencing;
3. Defendant is not in custody. Counsel for Defendant has spoken to the Defendant and the Defendant has no objection to this continuance;
4. The parties understand that the Court may be able to accommodate their request to continue the sentencing hearing to June 21, 2023. The parties also request that the Court set the parties' deadline for filing objections to the presentence investigation report as May 8, 2023, with sentencing memoranda due on June 9, 2023, and responses to sentencing memoranda and objections due on June 16, 2023;
5. This request is made in good faith and not for purposes of delay. Denial of this request could result in a miscarriage of justice;
6. For all the above-stated reasons, the ends of justice would best be served by a continuance of the sentencing hearing and associated deadlines;
7. This is the first request for a continuance of the sentencing in this matter.
ORDER
Accordingly, IT IS ORDERED that the sentencing currently scheduled for April 24, 2023 at the hour of 3:00 p.m., be vacated and continued to June 21, 2023, at the hour of 11:00 a.m.
IT IS FURTHER ORDERED that the parties' objections to the presentence investigation report shall be due on May 8, 2023.
IT IS FURTHER ORDERED that the parties' sentencing memoranda shall be due on June 9, 2023 and responses thereto due on June 16, 2023.