Stipulation to Continue Sentencing Date (Fifth Request) — United States v. Darnele Nelson (D. Nev., Dkt. 65)

Summary

A Stipulation to Continue Sentencing Date in United States of America v. Darnele Nelson, Case No. 2:20-cr-00195-APG-EJY, Document 65, filed 06/10/22, in the District of Nevada. Counsel Todd M. Leventhal for Nelson and Assistant United States Attorney Kimberly Frayn ask that the sentencing scheduled for June 22, 2022 at 1:30 p.m. be vacated and reset to a later date, but not sooner than Thirty (30) days. The stated reasons include that the defendant is in custody but does not object, and that defense counsel needs additional time to meet with the defendant and prepare. Findings of fact, conclusions of law and an order, naming Judge Andrew P. Gordon and dated June 10th, 2022, vacate the sentencing and continue it to August 3, 2022, in Courtroom 6C.

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Case 2:20-cr-00195-APG-EJY Document 65 Filed 06/10/22 Page1of5

TODD M. LEVENTHAL, ESQ.
Leventhal and Associates, PLLC
Nevada Bar No. 8543

California Bar No. 223577

626 South Third Street

Las Vegas, Nevada 89101
PHONE: (702) 472-8686
leventhalandassociates@gmail.com

Counsel for Darnele Nelson

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

UNITED STATES OF AMERIC A, Case No.: 2:20-cr-00195-APG-EJY
Plaintiff STIPULATION TO CONTINUE
anal, SENTECNING DATE
Me (Fifth Request)
DARNELE NELSON,
Defendants

IT IS HEREBY STIPULATED AND AGREED by and between Jason M. Frierson,

United States Attorney, and Kimberly Frayn, Assistant United States Attorney, counsel for the
United States of America, and Todd M. Leventhal, Esq., counsel for Darnele Nelson, that the
Sentencing scheduled for June 22, 2022, at 1:30 p.m. be vacated and set to a date and time

convenient to this Court, but not sooner than Thirty (30) days.

The Stipulation is entered into for the following reasons:

1. The defendant is in custody but does not object to the continuance.
oe The parties agree to the continuance.
Es Counsel for the defendant needs additional time to meet with the defendant and

prepare for the sentencing hearing.

4. The requested time is not for purposes of delay, but merely to allow counsel

for defendant sufficient time within which to be able to effectively prepare for sentencing.
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Case 2:20-cr-00195-APG-EJY Document 65 Filed 06/10/22 Page 2of5

5. Additionally, denial of this brief request for continuance 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 defendant in a speedy hearing.

This is the first stipulation to continue the sentencing date.

DATED: June 9, 2022

Submitted By: LEVENTHAL & ASSOCIATES, PLLC

By___/s/ Todd M Leventhal By__/s/ Kimberly M. Frayn
TODD M. LEVENTHAL KIMBERLY M. FRAYN
Counsel for Defendant Darnele Nelson Assistant United States Attorney
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Case 2:20-cr-00195-APG-EJY Document 65 Filed 06/10/22 Page 3of5

TODD M. LEVENTHAL, ESQ.
Leventhal and Associates, PLLC
Nevada Bar No. 8543

California Bar No. 223577

626 South Third Street

Las Vegas, Nevada 89101
PHONE: (702) 472-8686
leventhalandassociates@gmail.com

Counsel for Darnele Nelson

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

UNITED STATES OF AMERIC A, Case No.: 2:20-cr-00195-APG-EJY-1
_. FINDINGS OF FACT,
Plaintiff, CONCLUSIONS OF LAW AND
vy. ORDER
DARNELE NELSON,
Defendants

FINDINGS OF FACT

Based on the pending stipulation of counsel, and good cause appearing therefore, the

Court finds that:

1. The defendant is in custody but does not object to the continuance.
ps The parties agree to the continuance.
3. Counsel for the defendant needs additional time to meet with the defendant and

prepare for the sentencing hearing.
4. The requested time is not for purposes of delay, but merely to allow counsel

for defendant sufficient time within which to be able to effectively prepare for sentencing.
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Case 2:20-cr-00195-APG-EJY Document 65 Filed 06/10/22 Page 4of5

5. Additionally, denial of this brief request for continuance 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 defendant in a speedy hearing.

CONCLUSIONS OF LAW

The ends of justice served by granting the requested continuance outweigh the best
interest of the public and the defendant in a speedy hearing trial because the failure to grant it
would likely result in a miscarriage of justice.

ORDER
IT IS FURTHER ORDERED that sentencing currently scheduled for

June 22, 2022 at the hour of 1:30 p.m., is vacated and continued to August 3, 2022

at the hour of 2_ : 30 p.m,; in Courtroom 6C.

DATED June 10th , 2022

BY: (/oa@an0—nW~’

HONORABLE ANDREW P. GORDON
United States District Court Judge

CERTIFICATE OF SERVICE

The undersigned hereby certifies that (s)he is employed in the office of Leventhal and
Associates, PLLC., and is a person of such age and discretion as to be competent to serve
papers.

In accordance with the Federal Rules of Procedure, I certify that on this date, June 9,

2022, I electronically filed the foregoing with the Clerk of the court for the United States

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Case 2:20-cr-00195-APG-EJY Document 65 Filed 06/10/22 Page5of5

District Court by using the CM/ECF system. I further certify that counsel for defendant are
registered and listed participant with CM/ECF system and that service of this pleading will be

accomplished via CM/ECF system.

/s/ Todd M Leventhal
Todd M Leventhal, Esq.


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