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United States v. Vaughn

United States District Court, D. Nevada

January 17, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
PHILLIP ALLERSON VAUGHN Defendant

          HOFLAND & TOMSHECK Joshua Tomsheck, Esq. Nevada State Bar No. 9210 Attorney for Defendant

          DANIEL G. BOGDEN United States Attorney

          DAN COWHIG Assistant United States Attorney

          STIPULATION AND ORDER TO CONTINUE SENTENCING DATE, (SIXTH REQUEST)

         IT IS HEREBY STIPULATED, by and between the UNITED STATES OF AMERICA, by and through Daniel G. Bogden, United States Attorney, Dan Cowhig, Assistant United States Attorney, and Kathryn C. Newman, Assistant United States Attorney, and defendant, PHILLIP ALLERSON VAUGHN, by and through his attorney, Joshua Tomsheck, Esq., of the law firm of Hofland & Tomsheck, that the sentencing date in the above-captioned matter now scheduled for January 23, 2017 vacated and continued to a date and time convenient to the Court, no sooner than sixty (60) days beyond the current setting, in order for the Parties to have sufficient time to prepare for sentencing in this matter.

         This is the SIXTH request by the undersigned defense counsel for a continuance of the scheduled sentencing date, is made in good faith and not for the purpose of delay and comports with the good cause requirements of Fed. R. Crim. P. 32(b)(2).

         1. Counsel for the Defendant is appointed CJA counsel.

         2. Counsel for Defendant Armstrong is set for a firm jury trial on January 17, 2017 in the Eighth Judicial District Court, Clark County, Department 17, in Case C-269692-2, State of Nevada v. Brandy Stutzman, which is a capital murder case where the Defendant has been in custody fr six (6) years and is facing the death penalty. This trial is expected to last two to three weeks.

         3. Counsel for the Defendant is concerned that legal issues arising out of the decision in USA v Johnson might prejudice the Defendant if the case proceeds to sentencing in its current posture.

         4. Counsel for the Defendant is researching these matters and has engaged the Government Counsel regarding a potential resolution to protect the interests of the Defendant.

         5. Denial of this request for continuance would deny the parties herein time and the opportunity to effectively and thoroughly prepare for the sentencing hearing, taking into account the exercise of due diligence.

         6. Additionally, denial of this request for continuance could result in a miscarriage of justice.

         7. For all of the above-stated reasons, the ends of justice would best be served by a continuance of the sentencing date.

         FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

         Based upon the pending Stipulation of the parties, and good cause appearing ...


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