Filed: Mar. 19, 2018
Latest Update: Mar. 19, 2018
Summary: STIPULATION TO CONTINUE PRELIMINARY HEARING (Eighth Request) NANCY J. KOPPE , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Dayle Elieson, United States Attorney, and Cristina D. Silva, 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 Carlos Renteria, that the Preliminary Hearing currently scheduled on March 22, 2018 at 4:00 p.m
Summary: STIPULATION TO CONTINUE PRELIMINARY HEARING (Eighth Request) NANCY J. KOPPE , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Dayle Elieson, United States Attorney, and Cristina D. Silva, 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 Carlos Renteria, that the Preliminary Hearing currently scheduled on March 22, 2018 at 4:00 p.m...
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STIPULATION TO CONTINUE PRELIMINARY HEARING
(Eighth Request)
NANCY J. KOPPE, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between Dayle Elieson, United States Attorney, and Cristina D. Silva, 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 Carlos Renteria, that the Preliminary Hearing currently scheduled on March 22, 2018 at 4:00 p.m., be vacated and continued to a date and time convenient to the Court, but no sooner than fourteen (14) days.
This Stipulation is entered into for the following reasons:
1. As stated in the last stipulation, a plea agreement has been executed by all parties. The parties, however, neglected to execute a Waiver of Indictment and therefore the case cannot be assigned until it is executed. Defense counsel will visit Mr. Renteria on Thursday to have the Waiver of Indictment executed.
2. Defendant is incarcerated and does not object to a continuance.
3. The parties agree to the continuance.
4. Denial of this request for continuance of the preliminary hearing would potentially prejudice both the Defendant and the Government and unnecessarily consume this Court's valuable resources, taking into account the exercise of due diligence.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
6. 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).
This is the eighth request for continuance filed herein.
Based on the Stipulation of counsel and good cause appearing,
IT IS THEREFORE ORDERED that the Preliminary Hearing currently scheduled on March 22, 2018 at the hour of 4:00 p.m. be vacated and continued to April 12, 2018, at 4:00 p.m., in Courtroom 3A.
