Stipulation to Continue Sentencing Hearings; Findings and Order — No. 2:24-cr-00099 (Dkt. 21, E.D. Cal.)

Summary

A three-page Stipulation to Continue Sentencing Hearings with findings and order, Document 21, filed 10/16/24 in United States v. Jason Toland, Case No. 2:24-CR-0099-DAD, in the U.S. District Court for the Eastern District of California, signed October 15, 2024 by Assistant United States Attorney Denise Yasinow and by Candice L. Fields for the defendant. The government filed an Information on May 1, 2024, and on May 13, 2024 Toland waived indictment and pleaded guilty to one count of false claims against the United States under 18 U.S.C. § 287. The probation interview slipped to August 16, 2024 and defense counsel wants more time for mitigation, so the parties ask to move sentencing from November 5, 2024 to November 19, 2024 with a revised presentence schedule. District Judge Dale A. Drozd so ordered on October 15, 2024, with sentencing at 9:30 a.m.

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“Stipulation to Continue Sentencing Hearings; Findings and Order — No. 2:24-cr-00099 (Dkt. 21, E.D. Cal.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/stipulation-to-continue-sentencing-hearings-findings-and-order-no-2-24-7c9a396a7a/, SHA-256 b1a96bad5ae26bb7c0c1ba25697f1400842ca7730bac903b60c30d2024672862.

Full text

                 Case 2:24-cr-00099-DAD Document 21 Filed 10/16/24 Page 1 of 3


 1   CANDICE L. FIELDS
     CANDICE FIELDS LAW, PC
 2   400 Capitol Mall, Suite 1620
     Sacramento, CA 95814
 3   Tel: (916) 414-8050
     Fax: (916) 790-9450
 4   Email: cfields@candicefieldslaw.com
 5
 6   Attorney for Defendant
     Jason Toland
 7
 8                                    UNITED STATES DISTRICT COURT

 9                                   EASTERN DISTRICT OF CALIFORNIA

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     UNITED STATES OF AMERICA,                             Case No. 2:24-CR-0099-DAD
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                    Plaintiff,
13                                                         STIPULATION TO CONTINUE SENTENCING
          v.                                               HEARINGS; FINDINGS AND ORDER
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     JASON TOLAND
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                    Defendant.
16                                                         DATE: November 5, 2024
                                                           TIME: 9:30 a.m.
17                                                         COURT: Hon. Dale A. Drozd
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                                                      STIPULATION
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            1.       By previous order, this matter was set for sentencing hearing on November 5, 2024.
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            2.       By this stipulation, the defendant now moves to continue his sentencing hearing until
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     November 19, 2024.
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            3.       The parties agree and stipulate, and request that the Court find the following:
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                     a)     On May 1, 2024, the government filed an Information against defendant. ECF
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            No. 1. On May 13, 2024, the defendant waived Indictment and entered a guilty plea to a single
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            count of Violation of 18 U.S.C. § 287 – False Claims Against the United States.
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                     b)     Due to delays in scheduling defendant’s probation interview (attributable to both
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            the probation officer’s, defense counsel’s, and defendant’s respective schedules), defendant’s
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                                  STIPULATION TO CONTINUE SENTENCING HEARING
            Case 2:24-cr-00099-DAD Document 21 Filed 10/16/24 Page 2 of 3


 1        probation interview did not occur until August 16, 2024. Pursuant to Federal Rule of Criminal

 2        Procedure 32, the probation officer and counsel, respectively, required time to draft and respond

 3        to the presentence report, and to gather documents for use in drafting the presentence report.

 4        This formed the basis for the continuance in sentencing to November 5, 2024.

 5               c)      During preparation for and participation in the probation interview, counsel for

 6        the defense determined that additional mitigation was required in preparation for sentencing.

 7        Those efforts required scheduling with a consultant and the preparation of a report. While

 8        progress have been made, additional time is required to finalize the sentencing mitigation.

 9               d)      The government does not object to the continuance.

10               e)      Based on the above-stated findings, good cause exists to continue defendant’s

11        sentencing hearing in this matter from November 5, 2024, to November 19, 2024.

12               f)      The parties request the following modified disclosure schedule:

13                       Draft PSR: Completed

14                       Informal Objections: October 22, 2024

15                       Final PSR: October 29, 2024

16                       Corrections: November 5, 2024

17                       Replies/Briefs: November 12, 2024

18        IT IS SO STIPULATED.

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20   Dated: October 15, 2024                              PHILLIP A. TALBERT
                                                          UNITED STATES ATTORNEY
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22                                                        /s/ Denise Yasinow
                                                          Denise Yasinow
23                                                        Assistant United States Attorney

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25   Dated: October 15, 2024                              /s/ Candice L. Fields

26                                                        Candice L. Fields
                                                          Counsel for Defendant
27                                                        Jason Toland

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                               STIPULATION TO CONTINUE SENTENCING HEARING
                Case 2:24-cr-00099-DAD Document 21 Filed 10/16/24 Page 3 of 3


 1                                         FINDINGS AND ORDER

 2            Good cause appearing, it is ORDERED that the sentencing hearing of defendant Toland shall be

 3   continued to November 19, 2024 at 9:30 a.m.

 4
 5            IT IS SO ORDERED.

 6   Dated:     October 15, 2024
                                                      DALE A. DROZD
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                                                      UNITED STATES DISTRICT JUDGE
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                                 STIPULATION TO CONTINUE SENTENCING HEARING

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