United States District Court, D. Nevada
BOGDEN UNITED STATES OF AMERICA BY ALEXANDRA MICHAEL
ASSISTANT U.S. ATTORNEY COUNSEL FOR THE PLAINTIFF
ARMSTRONG TEASDALE LLP BY KEVIN R. STOLWORTHY COUNSEL FOR
DEFENDANT ROBERT KINCADE
STIPULATION AND ORDER TO ADVANCE SENTENCING
HEREBY STIPULATED AND AGREED, by and between Alexandra
Michael, Assistant United States Attorney, counsel for the
United States of America, and Robert Kincade, and his counsel
Kevin R. Stolworthy, that the sentencing hearing scheduled
for August 28, 2017 at 10:00 a.m. be advanced to August 7,
2017, or to the next available date thereafter. This
Stipulation is entered into for the following reasons:
June 27, 2017, Kincade entered into a Plea Agreement which
was accepted by the Court. See ECF No. 478.
Kincade pled guilty to misprision of a felony under a
Superseding Information. See ECF Nos. 476 and 478.
is agreed between Kincade, the Government, and Probation that
Kincade's adjusted Offense Level after a two point
downward adjustment for acceptance of responsibility should
be an 11.
assuming Kincade is in criminal history Category VI, the
Guidelines range for an offense level of 11 would be 27-33
to the fact Kincade has been in custody for several years,
the Plea Agreement indicates that “[t]he Government
will recommend that the Court sentence the Defendant to a
custodial sentence of credit for time served to be followed
by one year of supervised release unless the Defendant
commits any act that could result in a loss of the downward
adjustment for acceptance of responsible.” 6. Kincade
has conducted his pre-sentence interview with Probation, and
Probation has issued a pre-sentence investigation report
Kincade had previously requested an expedited sentencing
date, and the Court granted the request in part and
“advise[d] that the parties can file a stipulation to
change the sentencing date if need be.” See
ECF No. 280.
light of the fact that the PSR has been completed, the
Parties agree that the sentencing date should be advanced to
August 7, 2017, or to the next available date thereafter.
counsel for Kincade informed the Court at the change of plea
hearing, he is unavailable to attend the sentencing hearing
currently set for August 28, 2017, at 10:00 a.m. given he
will be out of the state of Nevada.
OF FACT, CONCLUSIONS OF LAW, AND ORDER
on the pending Stipulation of counsel, and good cause