Filed: Jun. 01, 2017
Latest Update: Jun. 01, 2017
Summary: STIPULATION TO CONTINUE PRELIMINARY HEARING (FIRST REQUEST) CAM FERENBACH , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Steven W. Myhre, Acting United States Attorney, and Frank Johan Coumou, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Raquel Lazo, Assistant Federal Public Defender, counsel for Nicholas Omarjuen Lewis, that the Preliminary Hearing currently scheduled for June 5, 2
Summary: STIPULATION TO CONTINUE PRELIMINARY HEARING (FIRST REQUEST) CAM FERENBACH , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Steven W. Myhre, Acting United States Attorney, and Frank Johan Coumou, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Raquel Lazo, Assistant Federal Public Defender, counsel for Nicholas Omarjuen Lewis, that the Preliminary Hearing currently scheduled for June 5, 20..
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STIPULATION TO CONTINUE PRELIMINARY HEARING
(FIRST REQUEST)
CAM FERENBACH, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between Steven W. Myhre, Acting United States Attorney, and Frank Johan Coumou, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Raquel Lazo, Assistant Federal Public Defender, counsel for Nicholas Omarjuen Lewis, that the Preliminary Hearing currently scheduled for June 5, 2017 at 4:00 p.m. be vacated and set to a date and time convenient to this Court, in fourteen (14) days.
The Stipulation is entered into for the following reasons:
1. Counsel for the Defendant and the Government are awaiting discovery.
2. Counsel for the Defendant and the Government have discussed possible resolution.
3. The Defendant is incarcerated and does not object to the continuance.
4. The parties agree to the continuance.
5. The additional time requested herein is not sought for purposes of delay, buy merely to allow counsel for both parties sufficient time within which to receive and review discovery and be able to effectively analyze the case.
6. Additionally, denial of this request of continuance could result in a miscarriage of justice. The additional time requested by this Stipulation is excusable in computing the time within which the preliminary hearing herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(G) and 3161(h)(7)(A).
7. This is the first stipulation to continue filed herein.
ORDER TO CONTINUE PRELIMINARY HEARING (FIRST REQUEST)
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. Counsel for the Defendant and the Government are awaiting discovery.
2. Counsel for the Defendant and the Government have discussed possible resolution.
3. The Defendant is incarcerated and does not object to the continuance.
4. The parties agree to the continuance.
5. The additional time requested herein is not sought for purposes of delay, buy merely to allow counsel for both parties sufficient time within which to receive and review discovery and be able to effectively analyze the case.
6. Additionally, denial of this request of continuance could result in a miscarriage of justice. The additional time requested by this Stipulation is excusable in computing the time within which the preliminary hearing herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(G) and 3161(h)(7)(A).
7. This is the first stipulation to continue filed herein.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public and the defendant, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for the preliminary hearing, and possibly resolve the case prior to the preliminary hearing or an indictment, taking into account the exercise of due diligence.
The continuance sought herein is allowed, with the defendant's consent, pursuant to Federal Rules of Procedure 5.1(d).
ORDER
IT IS THEREFORE ORDERED that the preliminary hearing currently scheduled for June 5, 2017, at the hour of 4:00 p.m., be vacated and continued to June 20, 2017 at the hour of 4:00 am/pm.
