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Home Source documents Court filing — No. 2:23-cr-00002 (Dkt. 152)

Court filing — No. 2:23-cr-00002 (Dkt. 152)

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           Case 2:23-cr-00002-RFB-VCF Document 152 Filed 09/06/23 Page 1 of 5




 1   THE REYNAL LAW FIRM
     F. ANDINO REYNAL
 2   Admitted Pro Hoc Vice
     917 Franklin St., Sixth Floor
 3   Houston, Texas 77002
     Phone: (713) 228-5900
 4   Email: areynal@frlaw.us
     Attorneys for the Luigi Montes
 5
                                 UNITED STATES DISTRICT COURT
 6                                   DISTRICT O F NEVA D A

 7   UNITED STATES OF AMERICA,                           Case No. 23-cr-00002-RFB-VCF

 8                  Plaintiff,                           Stipulation to Continue Sentencing
                                                         (Second Request)
 9          V.


10   LUIGI J. MONTES,

11                  Defendant.

12

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

14   United States Attorney for the District of Nevada, and Jim Fang, Assistant United States Attorney,

15   and F. Andino Reynal, counsel for Defendant Luigi Montes, that the sentencing hearing currently

16   scheduled for September 15, 2023, at 9:00 a.m. (ECF No. 124) is continued for no sooner than 60

17   days, to a date and time convenient to this Court. This stipulation is made and based upon the

18   following:

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         1. Mr. Montes entered a change of plea on February 16, 2023, pleading guilty to Count One
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            of the Criminal Information, Conspiracy to Commit Mail Fraud in violation of 18 U.S.C.
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            §1341. ECF Nos. 102.
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        2. Sentencing is currently scheduled for September 15, 2023, at 9:00 a.m., ECF No. 124.
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        3. Probation released its draft PSR on April 25, 2023. Defense counsel is working closely
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            with the government to prepare for the upcoming sentencing, but is still in the process of
           Case 2:23-cr-00002-RFB-VCF Document 152 Filed 09/06/23 Page 2 of 5




 1          obtaining various documentation relevant to Mr. Montes' sentencing memorandum and

 2          hearing.

 3      4. Mr. Montes is on release and does not oppose the continuance request.

 4      5. This is the third request for a continuance of the sentencing hearing.

 5      6. The additional time requested herein is sought in good faith and not for purposes of delay.

 6      7. The additional time requested by this stipulation is reasonable pursuant to Fed. R. Crim. P.

 7          32(b)(2), which states that the "court may, for good cause, change any time limits

 8          prescribed [for sentencing] in this rule." Furthermore, a delay in sentencing does not

 9          implicate or undermine the defendant's speedy trial rights under the United States

10          Constitution, which terminated upon conviction. See Betterman v. Montana, 136 S.Ct.

11          1609, 1617-18 (2016).

12      8. Denial of this request for continuance would deny counsel for Mr. Montes sufficient time

13          to effectively and thoroughly prepare for sentencing, taking into account due diligence.

14          Accordingly, a denial of this request for continuance could result in a miscarriage ofjustice.

15
     DATED this 5th day of September, 2023.
16

17
     I s l Jim Fang.                                     s / F. Andino Rrynal
18   Assistant U.S. Attorney                             F. Andino Reynal, ESQ.
     Counselfor the United States                        Counselfor Defendant Montes
19

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                               CERTIFICATE OF ELECTRONIC SERVICE
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            The undersigned hereby certifies that on the 5th day of September, 2023, a copy o f this
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     motion was served on all counsel of record by the Court's ECF service.
23
                                                                   I sf F. Andino Reynal
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                                                  2
           Case 2:23-cr-00002-RFB-VCF Document 152 Filed 09/06/23 Page 3 of 5




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 4                                UNITED STATES DISTRICT COURT
                                      DISTRICT O F NEVA D A
 5
     UNITED STATES OF AMERICA,
 6                                                        Case No. 23-cr-00002-RFB-VCF
                     Plaintiff,
 7                                                        FINDINGS O F FACT,
            V.                                            CONCLUSIONS O F LAW, AND
 8                                                        ORDER.
     LUIGI J. MONTES,
 9
                     Defendant.
10

11
                      FINDINGS O F F ACT AND CONCLUSIONS O F L A W
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     Based on the pending stipulation of counsel, and good cause appearing therefore, the Court
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     finds that:
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15       I. Mr. Montes entered a change of plea on February 16, 2023, pleading guilty to Count One

16          of the Criminal Information, Conspiracy to Commit Mail Fraud in violation of 18 U.S.C.

17           § 1341. ECF Nos. 102, 103.

18      2. Sentencing is currently scheduled for September 15, 2023, at 9:00 a.m. ECF No. 124.

19       3. Defense counsel is in the process of obtaining various documentation relevant to Mr.

20          Montes' sentencing memorandum and hearing.

21      4. Mr. Montes is on release and does not oppose the continuance request.

22       5. This is the third request for a continuance of the sentencing hearing.

23       6. The additional time requested herein is sought in good faith and not for purposes of delay.

24
                                                  3
       Case 2:23-cr-00002-RFB-VCF Document 152 Filed 09/06/23 Page 4 of 5




 1   7. The additional time requested by this stipulation is reasonable pursuant to Fed. R. Crim. P.

 2      32(b )(2), which states that the "court may, for good cause, change any time limits

 3      prescribed [for sentencing] in this rule." Furthermore, a delay in sentencing does not

 4      implicate or undermine the defendant's speedy trial rights under the United States

 5      Constitution, which terminated upon conviction. See Betterman v. Montana, 136 S.Ct.

 6       1609, 1617-18 (2016).

 7   8. Denial of this request for continuance would deny counsel for Mr. Montes sufficient time

 8      to effectively and thoroughly prepare for sentencing, taking into account due diligence.

 9      Accordingly, a denial of this request for continuance could result in a miscarriage ofjustice.

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          Case 2:23-cr-00002-RFB-VCF Document 152 Filed 09/06/23 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. Montes' sentencing hearing currently scheduled September 15, 2023, at

 5   9:00 a.m., be VACATED.

 6          IT IS FURTHER ORDERED that the sentencing hearing is reset

 7   for November 16, 2023 at 8:30 a.m.

 8

 9   DATED: September 6, 2023

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                                      THE HONORABLE RICHARD F. BOULWARE
13                                    UNITED STATES DISTRICT JUDGE

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