Filed: Jul. 13, 2018
Latest Update: Jul. 13, 2018
Summary: STIPULATION AND ORDER TO CONTINUE PRELIMINARY HEARING AS TO DEFENDANT PHAPHONH STANLEY A. BOONE , Magistrate Judge . BACKGROUND Defendant Phaphonh made an initial appearance on June 29, 2018 after her arrest on an arrest warrant issued in conjunction with a Criminal Complaint. On July 12, 2018, 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
Summary: STIPULATION AND ORDER TO CONTINUE PRELIMINARY HEARING AS TO DEFENDANT PHAPHONH STANLEY A. BOONE , Magistrate Judge . BACKGROUND Defendant Phaphonh made an initial appearance on June 29, 2018 after her arrest on an arrest warrant issued in conjunction with a Criminal Complaint. On July 12, 2018, 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 ..
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STIPULATION AND ORDER TO CONTINUE PRELIMINARY HEARING AS TO DEFENDANT PHAPHONH
STANLEY A. BOONE, Magistrate Judge.
BACKGROUND
Defendant Phaphonh made an initial appearance on June 29, 2018 after her arrest on an arrest warrant issued in conjunction with a Criminal Complaint. On July 12, 2018, 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 July 19, 2018, which is twenty-one days after initial appearance. Federal Rule of Criminal Procedure 5.1(c) requires that preliminary hearing occur within twenty-one days, but Rule 5.1(d) also provides that the time limits 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 August 9, 2018.
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, for defense preparation, plea negotiation, and continuity of counsel.
STIPULATION AND [PROPOSED] ORDER
IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys, that the preliminary hearing currently set for July 19, 2018 be continued to August 9, 2018. The parties agree to exclude time under the Speedy Trial Act from July 19, 2018 to August 9, 2018, 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.
ORDER
The preliminary hearing currently set for July 19, 2018 is continued to August 9, 2018. The period from July 19, 2018 to August 9, 2018 shall be excluded under the Speedy Trial Act. The Court finds that he 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.
