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Stipulation to Continue Sentencing, First Request — United States v. Peter Alexander Stincer (Document 117)

Summary

This Stipulation to Continue Sentencing (First Request) in U.S. v. Peter Alexander Stincer, Case 2:23-cr-00002-RFB-VCF, District of Nevada, asks that the sentencing hearing set for June 5, 2023, at 9:00 a.m. be continued for no sooner than 60 days. It recites that Mr. Stincer pleaded guilty on February 16, 2023, to Count One of the Criminal Information, Conspiracy to Commit Mail Fraud. It states that Probation is still obtaining documentation for the presentencing report and defense counsel is gathering documents for the sentencing memorandum. The order vacates the June hearing and resets sentencing for August 11, 2023, at 2:30 pm before Judge Boulware.

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“Stipulation to Continue Sentencing, First Request — United States v. Peter Alexander Stincer (Document 117).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-23-cr-00002-dkt-117-aa2d66c606/, SHA-256 75877ced68c98ecada86961c5c7c0413609985a1ba07eb3cb3c45caaf2bbdba3.

Full text

     Case 2:23-cr-00002-RFB-VCF Document 117 Filed 05/01/23 Page 1 of 5



     JACQUELINE TIRINNANZI, ESQ.
 1   NV Bar No. 13266
     jackie@tirinnanzilaw.com
 2   2370 Corporate Circle, Suite 190
 3   Henderson, Nevada 89074
     Telephone: 702.912.3834
 4
     Attorney for Peter Alexander Stincer
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                                 UNITED STATES DISTRICT COURT
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                                       DISTRICT OF NEVADA
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       UNITED STATES OF AMERICA,                         CASE NO. 2:23-cr-00002-RFB-VCF
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                        Plaintiff,
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            vs.                                          Stipulation to Continue Sentencing (First
11                                                       Request)
        PETER ALEXANDER STINCER,
12
13                      Defendant.
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            IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson,
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     United States Attorney for the District of Nevada, and Jim Fang, Assistant United States
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     Attorney, and Jacqueline Tirinnanzi, counsel for Defendant Peter Alexander Stincer, that the
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     sentencing hearing currently scheduled for June 5, 2023, at 9:00 a.m. (ECF No. 102) is
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     continued for no sooner than 60 days, to a date and time convenient to this Court. This
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22   stipulation is made and based upon the following:

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            1.      Mr. Stincer entered a change of plea on February 16, 2023, pleading guilty to
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25                  Count One of the Criminal Information, Conspiracy to Commit Mail Fraud in

26                  violation of 18 U.S.C. §1341. ECF Nos. 102, 103.
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            2.      Sentencing is currently scheduled for June 5, 2023, at 9:00 a.m. ECF No. 102.
28


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     Case 2:23-cr-00002-RFB-VCF Document 117 Filed 05/01/23 Page 2 of 5



            3.     Probation is still in the process of obtaining relevant documentation necessary to
 1
 2                 Mr. Stincer’s Presentencing Report and requires additional time to obtain said

 3                 information. Defense counsel is also in the process of obtaining various
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                   documentation relevant to Mr. Stincer’s sentencing memorandum and hearing.
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            4.     Mr. Stincer is on release and does not oppose the continuance request.
 6
 7          5.     This is the first request for a continuance of the sentencing hearing.

 8          6.     The additional time requested herein is sought in good faith and not for purposes
 9                 of delay.
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            7.     The additional time requested by this stipulation is reasonable pursuant to Fed. R.
11
                   Crim. P. 32(b)(2), which states that the “court may, for good cause, change any
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13                 time limits prescribed [for sentencing] in this rule.” Furthermore, a delay in

14                 sentencing does not implicate or undermine the defendant’s speedy trial rights
15                 under the United States Constitution, which terminated upon conviction. See
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                   Betterman v. Montana, 136 S.Ct. 1609, 1617-18 (2016).
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            8.     Denial of this request for continuance would deny counsel for Mr. Stincer
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19                 sufficient time to effectively and thoroughly prepare for sentencing, taking into

20                 account due diligence. Accordingly, a denial of this request for continuance could
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                   result in a miscarriage of justice.
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            Dated this 28th day of April 2023.
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     /s/Jim Fang___ ______                                /s/ Jacqueline Tirinnanzi_______
26   Assistant U.S. Attorney                              Counsel for Peter Alexander Stincer
     Counsel for the United States
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     Case 2:23-cr-00002-RFB-VCF Document 117 Filed 05/01/23 Page 3 of 5



                                  UNITED STATES DISTRICT COURT
 1
                                        DISTRICT OF NEVADA
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       UNITED STATES OF AMERICA,                         CASE NO. 2:23-cr-00002-RFB-VCF
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                         Plaintiff,
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             vs.                                         FINDINGS OF FACT, CONCLUSIONS OF
 6                                                       LAW, AND ORDER
        PETER ALEXANDER STINCER
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                         Defendant.
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10                                        FINDINGS OF FACT
11          Based on the pending stipulation of counsel, and good cause appearing therefore, the
12   Court finds that:
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            1.      Mr. Stincer entered a change of plea on February 16, 2023, pleading guilty to
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                    Count One of the Criminal Information, Conspiracy to Commit Mail Fraud in
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16                  violation of 18 U.S.C. §1341. ECF Nos. 102, 103.

17          2.      Sentencing is currently scheduled for June 5, 2023, at 9:00 a.m. ECF No. 102.
18
            3.      Probation is still in the process of obtaining relevant documentation necessary to
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                    Mr. Stincer’s Presentencing Report and requires additional time to obtain said
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                    information. Defense counsel is also in the process of obtaining various
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22                  documentation relevant to Mr. Stincer’s sentencing memorandum and hearing.

23          4.      Mr. Stincer is on release and does not oppose the continuance request.
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            5.      This is the first request for a continuance of the sentencing hearing.
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            6.      The additional time requested herein is sought in good faith and not for purposes
26
27                  of delay.

28          7.      The additional time requested by this stipulation is reasonable pursuant to Fed. R.


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     Case 2:23-cr-00002-RFB-VCF Document 117 Filed 05/01/23 Page 4 of 5



                 Crim. P. 32(b)(2), which states that the “court may, for good cause, change any
 1
 2               time limits prescribed [for sentencing] in this rule.” Furthermore, a delay in

 3               sentencing does not implicate or undermine the defendant’s speedy trial rights
 4
                 under the United States Constitution, which terminated upon conviction. See
 5
                 Betterman v. Montana, 136 S.Ct. 1609, 1617-18 (2016).
 6
 7         8.    Denial of this request for continuance would deny counsel for Mr. Stincer

 8               sufficient time to effectively and thoroughly prepare for sentencing, taking into
 9               account due diligence. Accordingly, a denial of this request for continuance could
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                 result in a miscarriage of justice.
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     Case 2:23-cr-00002-RFB-VCF Document 117 Filed 05/01/23 Page 5 of 5




 1
 2                                               ORDER

 3          Based upon the stipulation of the parties, and good cause appearing, it is hereby

 4   ORDERED that Mr. Stincer’s sentencing hearing currently scheduled for June 5, 2023, at 9:00

 5   a.m., be VACATED.

 6          IT IS FURTHER ORDERED that the sentencing hearing is reset for August 11, 2023 at

 7   2:30 pm before Judge Richard F. Boulware.
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 9
     DATED this the 1st Day of May, 2023.
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11                                               ________________________________________
                                                 THE HONORABLE RICHARD F. BOULWARE
12
                                                 UNITED STATES DISTRICT JUDGE
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