Case 3:10-cr-00118-DPJ -FKB Document 44

Filed 06/28/12 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI JACKSON DIVISION

UNITED STATES OF AMERICA v. CHARLES H. EVANS, JR. and JON CHRISTOPHER EVANS CRIMINAL NO. 3:10cr118DPJ-FKB

AGREED ORDER CONTINUING RESTITUTION HEARING This cause having come before the Court on the unopposed motion of the Defendants to continue the restitution hearing in this matter on grounds that more time is needed to finalize the accounting and/or restitution submission to be provided to the Court and the failure to grant such a continuance in this proceeding would be likely to result in a miscarriage of justice by potentially denying restitution to deserving victims who can be identified and whose losses can be calculated. The Court noted during the sentencing hearing held on December 19, 2011, that it would be ordering restitution in this case and, at the request of the parties, set a date in the future for a hearing to determine the amount of restitution which the Court would order. Furthermore, the Government has expressly acknowledged approval of the delay of the restitution hearing and agrees to this continuance. THEREFORE, the Court is of the opinion and so finds that the motion for a continuance of the restitution hearing should be granted; and that, although such a date is 90 days after the sentencing, as set forth in 18 U.S.C. 3664(d)(5), the United States Supreme Court stated in Dolan v. United States, 130 S.Ct. 2533, 2010 WL 2346548 (June 14, 2010), that "a sentencing court that misses the 90-day deadline [set forth in 18 U.S.C. 3664(d)(5)] nonetheless retains the

Case 3:10-cr-00118-DPJ -FKB Document 44

Filed 06/28/12 Page 2 of 2

power to order restitutionat least where, as here, the sentencing court made clear prior to the deadline's expiration that it would order restitution, leaving open (for more than 90 days) only the amount." Furthermore, the granting of the continuance does not harm the defendants in this case while a failure to grant the continuance would result in a miscarriage of justice to the victims in this case. IT IS THEREFORE ORDERED AND ADJUDGED that the motion to continue the restitution hearing in this matter is granted. IT IS FURTHER ORDERED that the restitution hearing of this matter is re-set for August 1, 2012, at 9 a.m. in Jackson, Mississippi. SO ORDERED this the 28th day of June, 2012. s/ Daniel P. Jordan III UNITED STATES DISTRICT JUDGE

APPROVED:

/s John Colette ATTORNEY FOR DEFENDANTS

B WA `|v{tx [? ]A
ASSISTANT U.S. ATTORNEY