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United States v. Kincade

United States District Court, D. Nevada

July 28, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
ROBERT KINCADE, et al., Defendants.

          DANIEL 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 HEARING

         IT IS 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:

         1. On June 27, 2017, Kincade entered into a Plea Agreement which was accepted by the Court. See ECF No. 478.

         2. Kincade pled guilty to misprision of a felony under a Superseding Information. See ECF Nos. 476 and 478.

         3. It 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.

         4. Even assuming Kincade is in criminal history Category VI, the Guidelines range for an offense level of 11 would be 27-33 months.

         5. Due 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 (“PSR”).

         7. 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.

         8. In 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.

         9. As 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.

         FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER

         FINDINGS OF FACT

         Based on the pending Stipulation of counsel, and good cause appearing ...


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