Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Smith

United States District Court, D. Nevada

May 9, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
EDWARD LEE SMITH, Defendant.

          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 REQUEST)

          HOWARD D. McKIBBEN, UNITED STATES DISTRICT COURT JUDGE

         IT IS 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:

         1. 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, 2019.

         2. Paola M. Armeni was appointed by this court as counsel for Mr. Smith on February 20, 2019.

         3. Ms. Armeni requested the trial transcripts in this matter and received them on March 18, 2019.

         4. Mr. 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.

         5. 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.

         6. Mr. Smith and the government agree to this continuance of the sentencing date.

         7. 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.

         8. 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.

         9. For all the above-stated reasons, the ends of justice would be best served by a short ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.