STIPULATION TO CONTINUE BENCH TRIAL

(First Request)

GEORGE FOLEY, JR., Magistrate Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between Nicholas A. Trutanich, United States Attorney, and Christopher Burton, Assistant United States Attorney, counsel for the United States of America, and Todd Leventhal, Esquire, counsel for Defendant, that the bench trial in the above-captioned matter, currently scheduled for June 12, 2019, at the hour of 9:00 a.m., be vacated and continued to a date to be determined upon the Defendant's arrival return to the District of Nevada.

This stipulation is entered into for the following reasons:

1. Defendant is in custody and in transit to Las Vegas from South Carolina as a result of alleged violations of his pretrial conditions. It is unknown to the parties when the Defendant will arrive in back in Las Vegas.

2. Counsel for the Defendant has not had an opportunity to speak with the Defendant about this proposed stipulation as he is in transit with an unknown expected date of arrival. However, counsel for the Defendant cannot proceed to trial in the Defendant's absence and needs additional time to prepare for trial with the Defendant.

3. Denial of this request for a bench trial continuance would prejudice both the Defendant and 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. This is the first request for continuance of the trial in this case.

ORDER CONTINUING BENCH TRIAL

Based on the pending stipulation of counsel, and good cause appearing therefore,

IT IS HEREBY ORDERED that the bench trial in the above-captioned matter currently scheduled for June 12, 2019, at the hour of 9:00 a.m., be vacated and continued to a date to be determined upon the Defendant's arrival return to the District of Nevada.