Filed: Jul. 25, 2019
Latest Update: Jul. 25, 2019
Summary: CORRECTED STIPULATION AND ORDER TO CONTINUE PRELIMINARY HEARING ERICA P. GROSJEAN , Magistrate Judge . BACKGROUND Defendant Racion made an initial appearance on June 17, 2019 pursuant to an arrest warrant issued in conjunction with a Criminal Complaint. On June 19, 2019 the United States provided initial, voluntary discovery to the counsel for defendant. The parties are exploring whether a potential pre-indictment resolution is desirable. This matter is currently scheduled for a prelimin
Summary: CORRECTED STIPULATION AND ORDER TO CONTINUE PRELIMINARY HEARING ERICA P. GROSJEAN , Magistrate Judge . BACKGROUND Defendant Racion made an initial appearance on June 17, 2019 pursuant to an arrest warrant issued in conjunction with a Criminal Complaint. On June 19, 2019 the United States provided initial, voluntary discovery to the counsel for defendant. The parties are exploring whether a potential pre-indictment resolution is desirable. This matter is currently scheduled for a prelimina..
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CORRECTED STIPULATION AND ORDER TO CONTINUE PRELIMINARY HEARING
ERICA P. GROSJEAN, Magistrate Judge.
BACKGROUND
Defendant Racion made an initial appearance on June 17, 2019 pursuant to an arrest warrant issued in conjunction with a Criminal Complaint. On June 19, 2019 the United States provided initial, voluntary discovery to the counsel for defendant. The parties are exploring whether a potential pre-indictment resolution is desirable.
This matter is currently scheduled for a preliminary hearing on August 1, 2019, following a request by the parties to continue the date from June 27, 2019. Federal Rule of Criminal Procedure 5.1(d) provides that the time limits relating to preliminary hearings may be extended "one or more times" with the defendant's consent and a showing of good cause. Here, the parties agree that there is good cause for the extension, as defense counsel require time to review discovery and because a potential pre-indictment resolution would represent an efficient resolution of the matter. The parties request that a preliminary hearing be re-set for September 5, 2019.
The parties also agree that time should be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(b), which requires an indictment within 30 days of a defendant's arrest or service of a summons, for defense preparation, plea negotiation, and continuity of counsel.
STIPULATION AND ORDER
IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys, that the preliminary hearing currently set for August 1, 2019 be continued to September 5, 2019. The parties agree to exclude time under the Speedy Trial Act from August 1, 2019 to September 5, 2019, because the interest of the public and of the defendant in a public indictment and trial are outweighed by the need for defense preparation, plea negotiation, and continuity of counsel.
Respectfully submitted,
McGREGOR W. SCOTT
United States Attorney
DATED: July 22, 2019 Michael G. Tierney
Assistant United States Attorney
DATED: July 22, 2019. Eric V. Kersten
Attorney for Ramonchito Racion
ORDER
The preliminary hearing currently set for August 1, 2019 at 2:00 pm before Magistrate Judge Stanely Boone is continued to September 5, 2019 at 2:00 pm before Magistrate Judge Sheila Oberto. The period from August 1, 2019 to September 5, 2019 shall be excluded under the Speedy Trial Act. The Court finds that the interest of the public and of the defendant in a public indictment and trial are outweighed by the need for defense preparation, plea negotiation, and continuity of counsel.
IT IS SO ORDERED.
