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United States v. Hebbar

United States District Court, D. Nevada

April 2, 2018

UNITED STATES OF AMERICA Plaintiff,
v.
BENYIAHIA HEBBAR, Defendant.

          DAYLE ELIESON, UNITED STATES ATTORNEY CHRISTOPHER BURTON, ASST. UNITED STATES ATTORNEY

          THE LAW OFFICE OF WILLIAM GAMAGE, ESQ. WILLIAM H. GAMAGE, ESQ. COUNSEL TO DEFENDANGT ACE HART

          STIPULATION TO CONTINUE SENTENCING

          JAMES MAHAN JUDGE

         IT IS HEREBY STIPULATED AND AGREED, by and between Dayle Elieson, United States Attorney, and Christopher Burton, Assistant United States Attorney, counsel for the United States of America, and William Gamage, counsel for BENYIAHIA HEBBAR that the sentencing set for April 2, 2018 at 10:30 am in LV Courtroom 6A before Judge J. Mahan be vacated and set to a date and time convenient to the Court on or after May 1, 2018 based upon a pending Motion to Withdraw Guilty Plea set for hearing on April 19, 2018 at 10:30a.m..

         This Stipulation is entered into for the following reasons:

         1. The client is in custody but does not oppose the continuance.

         2. Undersigned defense counsel was just substituted in and confirmed before Judge Foley on March 29, 2018. Counsel attempted to obtain the file that same day based upon representations of prior counsel but was denied the file when requested in person after the hearing before Judge Foley. Counsel will attempt to again obtain the file today.

         3. Based upon confirmation of new counsel and Defendant's expressed desire to go to trial on his case, the Court rescheduled his pending Motion to Withdraw Guilty Plea to April 19, 2018 at 10:30 a.m. Based upon this action, the Court in a minute Order instructed counsel to ‘promptly file a stipulation' with this Court to vacate and reschedule the pending sentencing date.

         4. Counsel respectfully request to vacate and reschedule the pending sentencing to a date on or after May 1, 2018 based upon the convenience of the Court.

         5. The additional time requested herein is not sought for purposes of delay, but merely to allow Defendant Hebbar to have his Motion for Withdrawal of Guilty Plea fully heard before the Court.

         6. Denial of this request for continuance would deny Defendant Hebbar his right to Due Process and a fair hearing.

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

         8. This is the First stipulation to continue this hearing filed herein.

         FINDINGS ...


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