United States District Court, D. Nevada
NICHOLAS A. TRUTANICH United States Attorney CHRISTOPHER
BURTON Assistant United States Attorney
STIPULATION TO CONTINUE SENTENCING (SECOND
HONORABLE ANDREW P. GORDON UNITED STATES DISTRICT JUDGE
HEREBY STIPULATED AND AGREED, by and between NICHOLAS A.
TRUTANICH, United States Attorney, and CHRISTOPHER BURTON,
Assistant United States Attorney, counsel for the United
States of America, and ERIN GETTEL, counsel for Defendant
KEVIN MILNE, that the sentencing currently scheduled for May
9, 2019, at 10:00 a.m., in the above-captioned matter, be
vacated and continued to a date and time to be set by this
Honorable Court but no sooner than 30 days.
stipulation is entered into for the following reasons:
May 2, 2019, Milne filed his sentencing memorandum, which
included a psychological report as a sealed exhibit. Milne
provided the government a copy of the sealed exhibit the same
reviewing the sealed exhibit, it appears Milne was
administered two psychological inventories as part of his
May 3, 2019, the government requested defense provide all
underlying testing materials, to include the raw test scores
and data as well as question materials.
May 6, 2019, Milne provided the government with scantrons
containing his answers as well as his raw test scores, but
declined to provide the questioning materials and offered
internet links to websites where the materials could be
government needs additional time to secure the question
materials to provide context to the answers provided by
counsel as well as consult with a rebuttal expert in
preparation for sentencing.
defendant is currently out of custody and does not object to
parties agree to the continuance.
Further, the additional time requested herein is not sought
for purposes of delay, but to allow counsel for government
sufficient time within which to be able to effectively and
completely investigate the discovery materials being
is the second request to continue the ...