Filed: Sep. 12, 2018
Latest Update: Sep. 12, 2018
Summary: Stipulation to Continue Evidentiary Hearing (First Request) NANCY J. KOPPE , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between DAYLE ELIESON, United States Attorney, and CHAD W. MCHENRY, Assistant United States Attorneys, counsel for the United States of America and BRENDA WEKSLER, Assistant Federal Public Defender and counsel for defendant HYLTON: THAT THE EVIDENTIARY HEARING CURRENTLY SCHEDULED FOR Monday, September 17, 2018, be vacated and set to a time convenient fo
Summary: Stipulation to Continue Evidentiary Hearing (First Request) NANCY J. KOPPE , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between DAYLE ELIESON, United States Attorney, and CHAD W. MCHENRY, Assistant United States Attorneys, counsel for the United States of America and BRENDA WEKSLER, Assistant Federal Public Defender and counsel for defendant HYLTON: THAT THE EVIDENTIARY HEARING CURRENTLY SCHEDULED FOR Monday, September 17, 2018, be vacated and set to a time convenient for..
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Stipulation to Continue Evidentiary Hearing (First Request)
NANCY J. KOPPE, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between DAYLE ELIESON, United States Attorney, and CHAD W. MCHENRY, Assistant United States Attorneys, counsel for the United States of America and BRENDA WEKSLER, Assistant Federal Public Defender and counsel for defendant HYLTON:
THAT THE EVIDENTIARY HEARING CURRENTLY SCHEDULED FOR Monday, September 17, 2018, be vacated and set to a time convenient for the Court, but no sooner than Wednesday, September 19, 20181
In support of their stipulation, the parties state as follows:
1. On September 11, 2018, the Court issued a minute order setting an evidentiary hearing in the above-captioned matter for Monday, September 17, 2018, at 11:00 a.m.
2. Upon receiving the order, counsel for the Government began contacting anticipated witnesses at the hearing to inquire as to their availability.
3. Officer Brennan Childers of the Las Vegas Metropolitan Police Department, an essential witness for the Government at the hearing, indicated that he had a previously-scheduled vacation out of the District that conflictedwith the hearing set on September 17. Arrangements for that vacation included alreadypurchased tickets to a sporting event and hotel reservations.
4. This proposed continuance would not impact the current trial setting of Monday, December 3, at 9:00 a.m. The time period prior to that date has previously been excluded under the Speedy Trial Act pursuant to the Court's order continuing the trial setting issued on September 6, 2018. ECF No. 127.
5. The additional time requested by this Stipulation is also excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, § 3161(h)(1)(D).
6. This is the first request for a continuance of the evidentiary hearing, and the request is being made in good faith and not for purposes of delay.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
United States of America,
Case No. 2:17-cr-86-HDM-NJK
Plaintiff,
Findings of Fact, Conclusions of
v. Lawand Order re: Stipulation to
Continue Trial (Second Request)
Anthony Delano Hylton, Jr.,
Defendant.
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. On September 11, 2018, the Court issued a minute order setting an evidentiary hearing in the above-captioned matter for Monday, September 17, 2018, at 11:00 a.m.
2. Upon receiving the order, counsel for the Government began contacting anticipated witnesses at the hearing to inquire as to their availability.
3. Officer Brennan Childers of the Las Vegas Metropolitan Police Department, an essential witness for the Government at the hearing, indicated that he had a previously-scheduled vacation out of the District that conflicted with the hearing set on September 17. Arrangements for that vacation included alreadypurchased tickets to a sporting event and hotel reservations.
4. This proposed continuance would not impact the current trial setting of Monday, December 3, at 9:00 a.m. The time periodprior to that date has previously been excluded under the Speedy Trial Act pursuant to the Court's order continuingthe trial setting issued on September 6, 2018. ECF No. 127.
5. The additional time requested by this Stipulation is also excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, § 3161(h)(1)(D).
6. This is the first request for a continuance of the evidentiary hearing, and the request is being made in good faith and not for purposes of delay.
CONCLUSIONS OF LAW
The continuance sought herein would and will occur during a period that had previously been excluded by the Court under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A). See ECF Nos. 116, 122, 127. Furthermore, the additional time sought by this continuance would also be excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(h)(1)(D).
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ORDER
IT IS ORDERED that the evidentiary hearing currently scheduled for Monday, September 17, 2018, be vacated and continued to September 20, 2018, at 10:00 a.m., in Courtroom 3C.
