Stipulation to Continue Sentencing and Order — United States v. Victor Quintero-Zepeda, 2:15-cr-00074

Summary

A Stipulation to Continue Sentencing Date (Second Request) with Findings of Fact, Conclusions of Law, and Order, Document 80 in Case 2:15-cr-00074-JAD-NJK, filed 08/16/16, in the U.S. District Court, District of Nevada, in United States of America v. Victor Quintero-Zepeda. Jose C. Pallares, Esq., for the defendant and Susan Cushman, Assistant United States Attorney, stipulate that the sentencing scheduled for August 29, 2016, at 10:00 a.m. be vacated and reset after September 9, 2016. The stated reasons include that the defendant is in custody and agrees, that more time is requested to prepare a defense, and that the time is excludable under the Speedy Trial Act. The order text provides for the hearing to be vacated and continued.

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“Stipulation to Continue Sentencing and Order — United States v. Victor Quintero-Zepeda, 2:15-cr-00074.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-15-cr-00074-dkt-80-29008ceaf4/, SHA-256 490cdeca105c773344ce280a8b4540d80d2cd97e817a2070c84b19acc13c009f.

Full text

Case 2:15-cr-00074-JAD-NJK Document 80 Filed 08/16/16 Page 1 of 4

1 JOSE C. PALLARES, ESQ.
2
Nevada Bar No. 4020
720 E. Charleston Blvd. Suite 120
3 Las Vegas, NV 89104
702.388.0568
4
Attorney For Defendant Quinterro-Zepeda
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7

8 UNITED STATES OF AMERICA, )
)
9 Plaintiff, )
) 2:15-cr-00074-JAD-NJK
10
VS. )
11 ) STIPULATION TO CONTINUE
VICTOR QUINTERO-ZEPEDA, ) SENTENCING DATE
12 ) (Second Request)
)
13
Defendant. )
14
IT IS HEREBY STIPULATED AND AGREED, by and between Daniel G.
15
Bogden, United States Attorney, and Susan Cushman, Assistant United States Attorney,
16

17 counsel for Plaintiff the United States Of America and Jose C. Pallares, Esq., counsel for
18 Defendant Victor Quintero-Zepeda, that the sentencing currently scheduled for August 29, 2016,
19
at the hour of 10:00 a.m. be vacated and set to a date and time convenient to this court, but after
20
September 9, 2016.
21

22
This Stipulation is entered into for the following reasons:

23 1. The funeral for Defense counsel’s father is scheduled for August 29, 2016, in Phoenix,
24
Arizona;
25
2. Defendant Victor Quintero-Zepeda is in custody and agrees to the continuance;
26
3. The additional time requested herein is not sought for purposes of delay but
27

28 to allow counsel for the defense the opportunity to properly prepare a defense for Defendant,

1
Case 2:15-cr-00074-JAD-NJK Document 80 Filed 08/16/16 Page 2 of 4

1 taking into account considerations of due diligence;
2
4. Denial of this request could result in a miscarriage of justice;
3
5. The additional time requested by this Stipulation is excludable in computing the
4

5 time within which the trial herein must commence pursuant to the Speedy Trial Act,

6 Title 18, United States Code, Section 3161(h)(8)(A), considering the factors under
7
Title 18, United States Code, Section 3161(h)(8)(B)(I) and 3161(h)(8)(B)(iv);
8
7. This is the second request to continue the sentencing date.
9
DATED this 16th day of August, 2016.
10

11
Defendant VICTOR QUINTERO-ZEPEDA DANIEL G. BOGDEN
12 United States Attorney
13
By: _/S/ Jose C. Pallares By: __/S/ Susan Cushman
14 JOSE C. PALLARES, ESQ. SUSAN CUSHMAN, ESQ.
Counsel For Defendant Quintero-Zepeda Assistant United States Attorney
15

2
Case 2:15-cr-00074-JAD-NJK Document 80 Filed 08/16/16 Page 3 of 4

2
UNITED STATES DISTRICT COURT
3
DISTRICT OF NEVADA
4

5 UNITED STATES OF AMERICA, )
)
6 Plaintiff, ) 2:15-cr-00074-JAD-NJK
)
7
VS. ) FINDINGS OF FACT,
8 ) CONCLUSIONS OF LAW,
VICTOR QUINTERO-ZEPEDA, ) AND ORDER
9 )
Defendants. )
10

11 Based on the pending Stipulation of counsel, and good cause appearing

12 therefore, the Court finds that:
13
1. Defense counsel must attend his father’s funeral scheduled for August 29, 2016, in
14
Phoenix, Arizona;
15
2. Defendant Victor Quintero-Zepeda is in custody and agrees to the continuance;
16

17 3. The additional time requested herein is not sought for purposes of delay but to allow
18 counsel for the defense the opportunity to properly prepare a defense for Defendant, taking into
19
account considerations of due diligence;
20
4. Denial of this request could result in a miscarriage of justice;
21

22
5. The additional time requested by this Stipulation is excludable in computing the

23 time within which the trial herein must commence pursuant to the Speedy Trial Act,
24
Title 18, United States Code, Section 3161(h)(8)(A), considering the factors under
25
Title 18, United States Code, Section 3161(h)(8)(B)(I) and 3161(h)(8)(B)(iv);
26
6. This is the second request to continue the sentencing date.
27

28 For all of the above-stated reasons, the ends of justice would be best served by

3
Case 2:15-cr-00074-JAD-NJK Document 80 Filed 08/16/16 Page 4 of 4

1 continuing the sentencing date.
2
CONCLUSIONS OF LAW
3
The ends of justice would be served by granting said continuance outweigh the
4

5 best interest of the public and the defendant in a speedy sentencing hearing, since the

6 failure to grant said continuance would be likely to result in a miscarriage of justice,
7
and would deny defense counsel the opportunity to prepare an effective defense for
8
his client, taking into account the exercise of due diligence.
9
The continuance sought herein is excludable under the Speedy Trial Act, Title 18,
10

11 United States Code, Section 3161(h)(1)(A), 361(h)(7) and Title 18, United States

12 Code, Section 3161(h)(8)(A), when considering the factors under Title 18, United
13
States Code, Sections 3161 (h)(8)(B) and 3161(h)(8)(B)(iv).
14
ORDER
15
IT IS THEREFORE ORDERED that the sentencing hearing currently scheduled for
16

17 August 29, 2016, at 10:00 a.m. be vacated and continued to September
September___
20,at the
2016hour of
18 at 10:00 a.m.
___a.m./p.m..
19
DATED
DATED this
this_____ day
16 day of of August,2016.
August, 2016.
20

21 _____________________________________
22
UNITED STATES DISTRICT JUDGE

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