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United States v. Buckhannon

United States District Court, D. Nevada

October 25, 2017

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

          STEVEN W. MYHRE ACTING UNITED STATES ATTORNEY KATHRYN C. NEWMAN Assistant United States Attorney Attorneys for Plaintiff UNITED STATES OF AMERICA

          GENTILE CRISTALLI, MILLER ARMENI SAVARESE, MICHAEL V. CRISTALLI, VINCENT SAVARESE, III LAUREN E. PAGLINI Attorneys for Defendant, Robert Buckhannon

          STIPULATION AND ORDER TO CONTINUE ROBERT BUCKHANNON'S SENTENCING

          JAMES C. MAHAN, UNITED STATES DISTRICT COURT.

         IT IS HEREBY STIPULATED AND AGREED by and between Steven W. Myhre, Acting United States Attorney, Kathryn C. Newman, Esq., Assistant United States Attorney; Michael V. Cristalli, Esq., Vincent Savarese III, Esq., and Lauren E. Paglini, Esq., of the law firm of Gentile Cristalli Miller Armeni Savarese, attorneys for Defendant, Robert Buckhannon (hereinafter "Mr. Buckhannon"), that the sentencing currently scheduled for the 31st day of October, 2017, at the hour of 10:00 a.m., in Courtroom 6A of the United States District Court, District of Nevada, be vacated and continued to a date and time convenient to this Honorable Court.

         This Stipulation is entered into for the following reasons:

1. Counsel for Mr. Buckhannon did not receive the Revised Presentence Investigation Report until late in the day on Monday, October 23, 2017.
2. Pursuant to Local Rule 32, Mr. Buckhannon's Objections to the Revised Presentence Investigation Report and the Sentencing Memorandum are both currently due on Tuesday, October 24, 2017.
3. Counsel for Mr. Buckhannon have not had sufficient time to research, prepare and file the appropriate Objections to the Revised Presentence Investigation Report and Sentencing Memorandum on Mr. Buckhannon's behalf.
4. Mr. Buckhannon is out of custody. Mr. Buckhannon has no objection to the continuance sought. Assistant United States Attorney, Kathryn Newman, Esq. has no objection to this continuance of the sentence.
5. The additional time requested herein is not sought for purposes of delay and the denial of this request for a continuance could result in a miscarriage of justice.
6. For all the above-stated reasons, the ends of justice would be best served by the continuance of the deadlines of Mr. Buckhannon's sentencing.
7. That this is the first request for a continuance of Mr. Buckhannon's sentencing hearing.

         FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER

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


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