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United States v. Fisher

United States District Court, D. Nevada

August 28, 2019

United States Of America, Plaintiff,
v.
Justin Anthony Fisher and Joshua Ray Fisher, Defendants.

          ELHAM ROOHANI Assistant United States Attorney

          NICHOLAS A. TRUTANICH United States Attorney

          THOMAS 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 JUDGE.

         IT IS 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 this Court.

         1. 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.

         2. Defense counsel for both defendants need additional time to obtain mitigation evidence for the Court's consideration.

         3. Due 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.

         4. The defendants are incarcerated but do not object to the continuance.

         5. This continuance is not sought for purposes of delay, but to allow for adequate time to prepare for sentencing.

         6. 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.

         7. The 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).

         Findings and ...


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