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United States v. Gooden

United States District Court, D. Nevada

December 26, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
EVERETT GOODEN, Defendant.

          OSVALDO E. FUMO, ESQ. Nevada bar No. 5956 PITARO & FUMO, CHTD. Attorney for Defendant EVERETT GOODEN

          KEVIN SCHIFF, ESQ. ASSISTANT UNITED STATES ATTORNEY

          STIPULATION AND ORDER TO CONTINUE SENTENCING

         IT IS 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.

         This Stipulation is entered into for the following reasons:

         1. Counsel for defendant has spoken to his client and he has no objection to this continuance.

         2. Defendant Gooden is currently in custody in Pahrump and does not object to the continuance.

         3. Counsel has spoken to AUSA Kevin Schiff and he has no objection to the continuance.

         4. 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.

         5. 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.

         6. Additionally, denial of this request for continuance would result in a miscarriage of justice.

         7. For all the above-stated reasons, the ends of justice would best be served by a continuance of the sentencing date.

         8. The 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).

         9. This is the first request for a continuance of the sentencing date in this case.

         FINDINGS OF FACT AND ...


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