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Stipulation and Order to Continue Sentencing — United States v. Robinson (D. Nev., Dkt. 67)

Summary

Stipulation and Order to Continue Sentencing (First Request), filed January 3, 2023 as Document 67 in Case 2:20-cr-00333-APG-BNW, United States of America v. Bryan Robinson, District of Nevada. The stipulation asks that sentencing scheduled for January 4, 2023 be vacated and continued no earlier than after 60 days, or to a date set by the Court. The reasons stated are that the defendant has no objection, the defendant is out of custody, additional time is needed to prepare for sentencing, and denial would result in a miscarriage of justice. It is signed /s/ Dustin R. Marcello, Esq. and /s/ Jessica Oliva, Esq. The order, dated January 3, 2023, continues sentencing to March 8, 2023 in Courtroom 6C.

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Cite this document

“Stipulation and Order to Continue Sentencing — United States v. Robinson (D. Nev., Dkt. 67).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-d-nev-no-2-20-cr-00333-dkt-67-1233aa66eb/, SHA-256 24d7d59e41a39250b7addeacf509ce7ae094d83dbcdafe740bc397488f9177ff.

Full text

           Case 2:20-cr-00333-APG-BNW Document 67 Filed 01/03/23 Page 1 of 4



1    DUSTIN R. MARCELLO, ESQ.
     Nevada bar No. 10134
2    PITARO & FUMO, CHTD.
     601 LAS VEGAS BOULEVARD, SOUTH
3    LAS VEGAS, NEVADA 89101
     Phone: 702.474.7554 Fax: 702-474-4210
4    Email: kristine@fumolaw.com
     Attorney for Defendant
5    BRYAN ROBINSON
6
                                  UNITED STATES DISTRICT COURT
7                                      DISTRICT OF NEVADA
                                               ***
8

9    UNITED STATES OF AMERICA,           )                 2:20-cr-00333-APG-BNW
                                         )
10
                                         )
11               Plaintiff,              )
                                         )                 STIPULATION AND ORDER TO
12   v.                                  )                 CONTINUE SENTENCING
                                         )
13                                       )
     BRYAN ROBINSON,                     )
14                                       )
                                         )                 (First Request)
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                 Defendant.              )
     ___________________________________ )
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            IT IS HEREBY STIPULATED by and between BRYAN ROBINSON, Defendant, by
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18   and through his counsel DUSTIN R. MARCELLO, ESQ. and JESSICA OLIVA, Assistant

19   United States Attorney, that sentencing in the above-captioned matter currently scheduled for
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     January 4, 2023 at the hour of 9:00 a.m., be vacated and continued no earlier than after 60 days
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     or to a date and time to be set by this Honorable Court. This is the first request for continuance
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     of Mr. Robinson's sentencing date.
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24          This Stipulation is entered into for the following reasons:

25          1. Counsel has spoken with the Defendant and he has no objection to the continuance.
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            2. The parties agree to the continuance.
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            3. Defendant is out of custody.
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            4. Additional time is needed to prepare for the Defendant’s sentencing.
                                                     -1-
         Case 2:20-cr-00333-APG-BNW Document 67 Filed 01/03/23 Page 2 of 4



1         5. Additionally, denial of this request for continuance would result in a miscarriage of
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             justice.
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          6. This is the first request to continue the sentencing.
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          7. The additional time requested herein is not sought for purposes of delay.

6         8. For the above-stated reason, the ends of justice would best be served by a continuance
7            of the Sentencing date.
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          DATED this 29th day of December 2022.
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10                                              JASON FRIERSON
     PITARO & FUMO, CHTD.                       UNITED STATES ATTORNEY
11

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           /s/Dustin R. Marcello, Esq.       /s/Jessica Oliva, Esq.                                  .
     DUSTIN R. MARCELLO, ESQ.          JESSICA OLIVA, ESQ.
13   601 LAS VEGAS BOULEVARD, SOUTH ASSISTANT UNITED STATES ATTORNEY
     LAS VEGAS, NEVADA 89101           LAS VEGAS, NEVADA 89101
14   ATTORNEYS FOR DEFENDANT
15
     BRYAN ROBINSON

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                                                   -2-
           Case 2:20-cr-00333-APG-BNW Document 67 Filed 01/03/23 Page 3 of 4



1                                 UNITED STATES DISTRICT COURT
                                       DISTRICT OF NEVADA
2                                              ***
3
     UNITED STATES OF AMERICA,           )                    2:20-cr-00333-APG-BNW
4
                                         )
5                                        )
                 Plaintiff,              )
6                                        )
     v.                                  )
7                                        )
                                         )
8    BRYAN ROBINSON,                     )
                                         )
9                                        )
                                         )
10               Defendant.              )
     ___________________________________ )
11
                                                   ORDER
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             This matter coming on the parties' Stipulation and Order to Continue Sentencing, the
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     Court having considered the premises therein, and good cause showing, the Court accepts the
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     Stipulation of the parties and finds as follows:
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            1. Counsel has spoken with the Defendant and he has no objection to the continuance.
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17          2. The parties agree to the continuance.

18          3. Defendant is out of custody.
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            4. Additional time is needed to prepare for defendant’s sentencing.
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            5. Additionally, denial of this request for continuance would result in a miscarriage of
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                justice.
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23          6. This is the first request to continue the sentencing.

24          7. The additional time requested herein is not sought for purposes of delay.
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            8. For the above-stated reason, the ends of justice would best be served by a continuance
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                of the Sentencing date.
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                                                        -3-
           Case 2:20-cr-00333-APG-BNW Document 67 Filed 01/03/23 Page 4 of 4



1           IT IS THEREFORE ORDERED that SENTENCING currently scheduled for January
2    4, 2023 at the hour of 9:00 a.m., be vacated and continued to March 8, 2023 at 10:00 a.m. in
3    Courtroom 6C.
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5           DATED January 3, 2023
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                                                 U.S. DISTRICT JUDGE
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                                                    -4-


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