Filed: Sep. 11, 2019
Latest Update: Sep. 11, 2019
Summary: STIPULATION TO CONTINUE PRELIMINARY EXAMINATION HEARINGS (Third Request) NANCY J. KOPPE , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Nicholas A. Trutanich, Esq., United States Attorney, Robert Knief, Esq., Assistant United States Attorney, Margaret W. Lambrose, Esq., Counsel for Defendant STEPHANIE GEORGE, Dustin R. Marcello, Esq., Counsel for Defendant CHIVAS GRAVES, and David R. Fischer, Esq., Counsel for Defendant MONTRIE LEDFORD, that the Preliminary Examinat
Summary: STIPULATION TO CONTINUE PRELIMINARY EXAMINATION HEARINGS (Third Request) NANCY J. KOPPE , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Nicholas A. Trutanich, Esq., United States Attorney, Robert Knief, Esq., Assistant United States Attorney, Margaret W. Lambrose, Esq., Counsel for Defendant STEPHANIE GEORGE, Dustin R. Marcello, Esq., Counsel for Defendant CHIVAS GRAVES, and David R. Fischer, Esq., Counsel for Defendant MONTRIE LEDFORD, that the Preliminary Examinati..
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STIPULATION TO CONTINUE PRELIMINARY EXAMINATION HEARINGS
(Third Request)
NANCY J. KOPPE, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between Nicholas A. Trutanich, Esq., United States Attorney, Robert Knief, Esq., Assistant United States Attorney, Margaret W. Lambrose, Esq., Counsel for Defendant STEPHANIE GEORGE, Dustin R. Marcello, Esq., Counsel for Defendant CHIVAS GRAVES, and David R. Fischer, Esq., Counsel for Defendant MONTRIE LEDFORD, that the Preliminary Examination Hearings currently scheduled for Friday, June 14, 2019, and Monday, June 17, 2019, be continued.
IT IS STIPULATED AND AGREED that the Preliminary Examination Hearing for defendants STEPHANIE GEORGE, CHIVAS GRAVES, and MONTRIE LEDFORD, currently scheduled for Wednesday, September 11, 2019, at 4:00 P.M., be continued to a date and time convenient to this Honorable Court, but no earlier than sixty (60) days.
This Stipulation is entered into for the following reasons:
1. Counsel for defendant GEORGE spoke with GEORGE, who is out of custody, and GEORGE has no objection to the request for continuance;
2. Counsel for defendant CHIVAS spoke with CHIVAS, who is out of custody, and CHIAVAS has no objection to the request for continuance;
3. Counsel for defendant LEDFORD spoke with LEDFORD, who is out of custody, and LEDFORD has no objection to the request for continuance;
4. As indicated below, counsel for the United States has no objection to the request for continuance;
5. Counsel for Defendants will need additional time to review discovery;
6. The additional time requested herein is not sought for the purposes of delay, but to allow Counsel for the Defendants sufficient time to effectively and thoroughly research and prepare;
7. Denial of this request for continuance could result in a miscarriage of justice;
8. Denial of this request for continuance would deny undersigned counsel sufficient time to effectively and thoroughly prepare, taking into account the exercise of due diligence;
9. The additional time requested is excludable in computing the time within which trial must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(D) and Title 18, United States Code, Section 3161(h)(7)(A) considering the factors in Title 18, United States Code, Sections 3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv);
10. This is the third request for a continuance filed herein.
WHEREFORE, for the foregoing reasons, the ends of justice would best be served by a continuance of the Preliminary Examination Hearings of sixty (60) days.
DATED this 10th day of September, 2019
/s/ Nicholas A. Trutanich /s/ Margaret W. Lambrose
NICHOLAS A. TRUTANICH MARGARET W. LAMBROSE, ESQ.
United States Attorney Counsel for Defendant GEORGE
/s/ Robert Knief /s/ Dustin R. Marcello
ROBERT KNIEF DUSTIN R. MARCELLO, ESQ.
Assistant United States Attorney Counsel for Defendant GRAVES
Counsel for the United States
/s/ David R. Fischer
DAVID R. FISCHER, ESQ.
Counsel for Defendant LEDFORD
FINDINGS OF FACT
Based on the pending Stipulation of counsel for LEDFORD, and good cause appearing therefore, the Court finds that:
1. Counsel for defendant GEORGE spoke with GEORGE, who is out of custody, and GEORGE has no objection to the request for continuance;
2. Counsel for defendant CHIVAS spoke with CHIVAS, who is out of custody, and CHIAVAS has no objection to the request for continuance;
3. Counsel for defendant LEDFORD spoke with LEDFORD, who is out of custody, and LEDFORD has no objection to the request for continuance;
4. As indicated below, counsel for the United States has no objection to the request for continuance;
5. Counsel for Defendants will need additional time to review discovery;
6. The additional time requested herein is not sought for the purposes of delay, but to allow Counsel for the Defendants sufficient time to effectively and thoroughly research and prepare;
7. Denial of this request for continuance could result in a miscarriage of justice;
8. Denial of this request for continuance would deny undersigned counsel sufficient time to effectively and thoroughly prepare, taking into account the exercise of due diligence;
9. The additional time requested is excludable in computing the time within which trial must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(D) and Title 18, United States Code, Section 3161(h)(7)(A) considering the factors in Title 18, United States Code, Sections 3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv);
10. This is the third request for a continuance filed herein.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare, taking into account the exercise of due diligence.
The continuance sought herein is excusable under the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(D) and Title 18, United States Code, Section 3161(h)(7)(A) considering the factors in Title 18, United States Code, Sections 3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv).
ORDER
IT IS HEREBY ORDERED that the Preliminary Examination hearing currently scheduled for Wednesday, September 11, 2019, at 4:00 P.M., be continued to November 13, 2019, at 4:00 p.m.
IT IS SO ORDERED.
