United States District Court, D. Nevada
ELIESON, UNITED STATES ATTORNEY CHRISTOPHER BURTON, ASST.
UNITED STATES ATTORNEY
LAW OFFICE OF WILLIAM GAMAGE, ESQ. WILLIAM H. GAMAGE, ESQ.
COUNSEL TO DEFENDANGT ACE HART
STIPULATION TO CONTINUE SENTENCING
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..
Stipulation is entered into for the following reasons:
client is in custody but does not oppose the continuance.
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.
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.
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.
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
Denial of this request for continuance would deny Defendant
Hebbar his right to Due Process and a fair hearing.
Additionally, denial of this request for continuance could
result in a miscarriage of justice.
is the First stipulation to continue this hearing filed