United States District Court, D. Nevada
OSVALDO E. FUMO, ESQ. Nevada bar No. 5956 PITARO & FUMO,
CHTD. Attorney for Defendant EVERETT GOODEN
SCHIFF, ESQ. ASSISTANT UNITED STATES ATTORNEY
STIPULATION AND ORDER TO CONTINUE SENTENCING
HEREBY STIPULATED by and between EVERETT GOODEN, Defendant,
by and through his counsel OSVALDO E. FUMO, ESQ, and the
United States of America, KEVIN SCHIFF, Assistant United
States Attorney, that Sentencing in the above-captioned
matter currently scheduled for January 8, 2020, at the hour
of 10:00 a.m., be vacated and continued to 30 days or to a
date and time to be set by this Honorable Court.
Stipulation is entered into for the following reasons:
Counsel for defendant has spoken to his client and he has no
objection to this continuance.
Defendant Gooden is currently in custody in Pahrump and does
not object to the continuance.
Counsel has spoken to AUSA Kevin Schiff and he has no
objection to the continuance.
Counsel will need additional time to adequately prepare for
sentencing and confer with his client regarding the issues
and concerns he has on the presentence investigation report.
Denial for this request for continuance would deny the
parties herein time and the opportunity within which to
effectively and thoroughly research and prepare for trial in
this case, taking into account the exercise of due diligence.
Additionally, denial of this request for continuance would
result in a miscarriage of justice.
all the above-stated reasons, the ends of justice would best
be served by a continuance of the sentencing date.
additional time requested by this stipulation, is excludable
in computing the time within which the trial herein must
commence pursuant to the Speedy Trial Act, 18 U.S.C.
3161(h)(8) (A), considering the factors under 18 U.S.C. 3161
(h)(8)(B)(i) and 3161 (h)(8)(B)(iv).
is the first request for a continuance of the sentencing date
in this case.
OF FACT AND ...