STIPULATION TO CONTINUE PRELIMINARY HEARING

(Second Request)

CAM FERENBACH, Magistrate Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between Nicholas A. Trutanich, United States Attorney, and Shaheen Torgoley, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Heidi A. Ojeda, Assistant Federal Public Defender, counsel for Kenneth Moore, and Chris T. Rasmussen, counsel for Latoya Jones that the Preliminary Hearing currently scheduled on July 16, 2019, be vacated and continued to a date and time convenient to the Court, but no sooner than sixty (60) days.

This Stipulation is entered into for the following reasons:

1. The Government intends on making an early production of discovery to the Defendant in an effort to reach a pre-indictment plea agreement. The Defendant has only received some of the discovery and the Government intends to disclose more as it becomes available therefore, counsel for the Defendant will need time to review the discovery and discuss it with the Defendant.

2. The parties are researching the viability of entering into a pre-indictment plea agreement. Said plea agreement would obviate the need for either a preliminary hearing in this matter or for the Government to present this matter to a federal grand jury. Counsel for the Defendant will need additional time to discuss the Defendant's options with him.

3. Defendants are not incarcerated and do not object to a continuance.

4. Denial of this request for continuance of the preliminary hearing would potentially prejudice both the Defendants and the Government and unnecessarily consume this Court's valuable resources.

5. Additionally, denial of this request for continuance could result in a miscarriage of justice. The additional time requested by this Stipulation is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), considering the factors under Title 18, United States Code, Section 3161(h)(7)(B)(i), (iv).

This is the second request for continuance filed herein.

ORDER

Based on the Stipulation of counsel and good cause appearing,

IT IS THEREFORE ORDERED that the Preliminary Hearing currently scheduled on July 16, 2019 at the hour of 4:00 p.m., be vacated and continued to September 9, 2019 at the hour of 4:00 p.m. Courtroom TBA.