United States District Court, D. Nevada
ROOHANI Assistant United States Attorney
NICHOLAS A. TRUTANICH United States Attorney
PITARO Counsel for Defendant Justin Fisher
WILLIAM TERRY Counsel for Defendant Joshua Fisher
STIPULATION TO CONTINUE SENTENCING
HONORABLE ANDREW P. GORDON UNITED STATES DISTRICT COURT
HEREBY STIPULATED AND AGREED by and between, Nicholas A.
Trutanich, United States Attorney, District of Nevada, Elham
Roohani, Assistant United States Attorney, representing the
United States of America, and Thomas Pitaro, Esq.,
representing the Defendant JUSTIN ANTHONY FISHER, and William
Terry, Esq., representing the Defendant JOSHUA RAY FISHER
that the sentencing in the above captioned case, which is
currently scheduled for October 16, 2019 at 2:00 pm, be
continued at least 60 days to a date and time convenient to
Government counsel needs additional time to obtain victim
impact statements from the live victims in this case for the
Court's consideration and to afford the victims their
rights under the Crime Victim's Rights Act. This includes
facilitating their presence at sentencing if they so request,
and obtaining restitution due to them.
Defense counsel for both defendants need additional time to
obtain mitigation evidence for the Court's consideration.
to the voluminous discovery in this case, as well as the fact
that there are two defendants, the parties anticipate that
the Probation Office would appreciate additional time to
prepare the Pre-sentence Investigation Reports.
defendants are incarcerated but do not object to the
continuance is not sought for purposes of delay, but to allow
for adequate time to prepare for sentencing.
Denial of this request could result in a miscarriage of
justice, and the ends of justice served by granting this
request outweigh the best interest of the public and the
defendants in a speedy resolution to this case.
additional time requested by this stipulation is excludable
in computing the time pursuant to the Speedy Trial Act, Title
18, United States Code, Sections 3161 (h)(7)(A), and
considering the factors under Title 18, United States Code,
Section 3161(h)(7)(B)(i), (ii), and (iv).