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U.S. v. Gomez-Vargas, 2:19-mj-138-CWH-1. (2019)

Court: District Court, D. Nevada Number: infdco20190514b71 Visitors: 2
Filed: May 10, 2019
Latest Update: May 10, 2019
Summary: STIPULATION TO CONTINUE PRELIMINARY HEARING (Third Request) CARL W. HOFFMAN , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Nicholas A. Trutanich, United States Attorney, and Linda Mott, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Nisha Brooks-Whittington, Assistant Federal Public Defender, counsel for defendant JORGE ARMANDO GOMEZ-VARGAS, that the preliminary hearing in the above-ca
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STIPULATION TO CONTINUE PRELIMINARY HEARING (Third Request)

IT IS HEREBY STIPULATED AND AGREED, by and between Nicholas A. Trutanich, United States Attorney, and Linda Mott, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Nisha Brooks-Whittington, Assistant Federal Public Defender, counsel for defendant JORGE ARMANDO GOMEZ-VARGAS, that the preliminary hearing in the above-captioned matter, currently scheduled for May 13, 2019, at the hour of 4:00 p.m., be vacated and continued for forty-five (45) days or to a date and time convenient to the Court.

This stipulation is entered into for the following reasons:

1. The parties are resolving this matter prior to indictment.

2. Defendant is in custody.

3. Denial of this request for continuance of the preliminary hearing would prejudice both the defendant the Government and unnecessarily consume this Court's valuable resources, taking into account the exercise of due diligence.

4. Additionally, denial of this request for continuance could result in a miscarriage of justice.

5. The additional time requested by this stipulation, is excludable in computing the time within which the defendant must be indicted and the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(b) and § 3161(h)(8)(A), considering the factors under 18 U.S.C. § 3161(h)(8)(B)(I) and (iv).

ORDER CONTINUING PRELIMINARY HEARING

Based on the pending stipulation of counsel, and good cause appearing therefore, the court hereby finds that:

IT IS HEREBY ORDERED that the preliminary hearing in the above-captioned matter currently scheduled for May 13, 2019, at the hour of 4:00 p.m., be vacated and continued to July 1, 2019, at the hour of 4:00 p.m.

Source:  Leagle

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