Filed: May 16, 2016
Latest Update: May 16, 2016
Summary: STIPULATION TO CONTINUE HEARING GEORGE FOLEY, Jr. , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED between Daniel G. Bogden, United States Attorney for the District of Nevada, and James Keller, Assistant United States Attorney, counsel for the United States, and Julian Gregory, Esq., counsel for defendant Ali Almeda, that the motion hearing on Mr. Almeda's suppression motion (Dkt. #75 scheduled for May 23, 2016, at 9:30 AM, be vacated and rescheduled to a date and time con-venient to
Summary: STIPULATION TO CONTINUE HEARING GEORGE FOLEY, Jr. , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED between Daniel G. Bogden, United States Attorney for the District of Nevada, and James Keller, Assistant United States Attorney, counsel for the United States, and Julian Gregory, Esq., counsel for defendant Ali Almeda, that the motion hearing on Mr. Almeda's suppression motion (Dkt. #75 scheduled for May 23, 2016, at 9:30 AM, be vacated and rescheduled to a date and time con-venient to ..
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STIPULATION TO CONTINUE HEARING
GEORGE FOLEY, Jr., Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED between Daniel G. Bogden, United States Attorney for the District of Nevada, and James Keller, Assistant United States Attorney, counsel for the United States, and Julian Gregory, Esq., counsel for defendant Ali Almeda, that the motion hearing on Mr. Almeda's suppression motion (Dkt. #75 scheduled for May 23, 2016, at 9:30 AM, be vacated and rescheduled to a date and time con-venient to the Court, but not earlier than twenty-eight days from the date of this stipulation. This stipulation is entered into for the following reasons:
1) Defense counsel Julian Gregory is appointed as standby counsel in a case before Judge Dorsey, United States v. Charles Edward Cooper III, 2:14-cr-00228, and Mr. Cooper has announced ready at calendar call for trial beginning May 23, 2016, at 9:00 AM.
2) Defense counsel Julian Gregory has spoken to his client, Ali Almeda, who is in custody and has no objection to this continuance.
3) The additional time requested is not sought to cause undue delay or for improper purpose.
4) Denial of this request for a continuance would require defense counsel to delay trial in another matter before a court of this jurisdiction.
This is the first such stipulation in this case.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
FINDINGS OF FACT
Based on the stipulations of the parties, and good cause appearing therefore, the Court finds that:
1) Defense counsel and the Government have communicated regarding the trial, current negotiations, and other issues.
2) The hearing regarding Defendant Ali Almeda's Motion to Suppress Evidence in this case is currently scheduled for May 23, 2016.
3) Defense counsel is required to be present for trial before Judge Dorsey in United States v. Charles Edward Cooper III, 2:14-cr-00228.
4) Defense counsel has conferred with the Defendant and he does not object to the continuance.
5) The additional time requested is not sought to cause undue delay or for any improper purpose.
6) Denial of this request for a continuance would unduly impact another court's docket.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interests of the public and the defense in a speedy hearing, because the failure to grant said continuance would require defense counsel to be in two courts at once.
ORDER
IT IS THEREFORE ORDERED that the motion hearing currently scheduled for May 23, 2016, at 9:30 AM, be vacated and continued to the 5TH day of July, 2016, at the hour of 9:30 a.m.
