United States District Court, D. Nevada
GENTILE CRISTALLI MILLER ARMENI SAVARESE PAOLA M. ARMENI
Attorney for Defendant, EDWARD LEE SMITH
NICHOLAS A. TRUTANICH UNITED STATES ATTORNEY DISTRICT OF
NEVADA JAMES E. KELLER Assistant United States Attorney
Attorneys for Plaintiff, UNITED STATES OF AMERICA
STIPULATION AND ORDER TO CONTINUE SENTENCING (FIRST
D. McKIBBEN, UNITED STATES DISTRICT COURT JUDGE
HEREBY STIPULATED by and between Edward Lee Smith (“Mr.
Smith”), Defendant, by and through his counsel, Paola
M. Armeni, Esq., of the law firm of Gentile Cristalli Miller
Armeni Savarese and the Plaintiff, United States of America,
by and through Nicholas A. Trutanich, United States Attorney,
and, James E. Keller, Assistant United States Attorney, that
the sentencing hearing currently scheduled for May 29, 2019,
at 11:00 a.m., be vacated. The Parties respectfully request
the hearing be continued to July 2, 2019, at 10:00 a.m. This
Stipulation is entered into for the following reasons:
Sentencing in this matter is currently scheduled for May 29,
2019, at 11:00 a.m. Therefore, Mr. Smith's sentencing
memorandum and formal objections are currently due on May 22,
Paola M. Armeni was appointed by this court as counsel for
Mr. Smith on February 20, 2019.
Armeni requested the trial transcripts in this matter and
received them on March 18, 2019.
Smith is currently incarcerated at Warm Springs Correctional
Center in Carson City, Nevada, and Ms. Armeni's law
practice is in Las Vegas, Nevada. As a result, Ms. Armeni had
to work with the CJA panel to make travel arrangements to
visit Mr. Smith. Ms. Armeni was able to visit with Mr. Smith
on April 16, 2019.
After meeting with Mr. Smith, Ms. Armeni determined that she
needed additional time to thoroughly prepare for sentencing
on Mr. Smith's behalf. As such, Ms. Armeni cannot meet
the current deadlines for the filing of formal objections to
the presentence investigation report and the sentencing
memorandum. Further, the continuance of the sentencing date
will allow Ms. Armeni the opportunity to provide Mr. Smith
with effective representation at sentencing.
Smith and the government agree to this continuance of 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.
Federal Rule of Criminal Procedure 32(b)(2) permits this
Court to continue a sentencing hearing for good cause. Good
cause exists in this case.
all the above-stated reasons, the ends of justice would be
best served by a short ...