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USA v. Rother, 2:17-CR-148-JAD-GWF. (2018)

Court: District Court, D. Nevada Number: infdco20180117b82 Visitors: 19
Filed: Jan. 16, 2018
Latest Update: Jan. 16, 2018
Summary: STIPULATION TO CONTINUE CHANGE OF PLEA HEARING JENNIFER A. DORSEY , District Judge . IT IS HEREBY STIPULATED AND AGREED, by and between Steven W. Myhre, Acting United States Attorney, and Christopher Burton, Assistant United States Attorney, counsel for the United States of America (hereinafter " the Government "), and Nicholas Wooldridge, Wooldridge Law Ltd., counsel for Ryan Austin Rother (" the Defendant ") (collectively, " the Parties "), that the change of plea hearing scheduled for
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STIPULATION TO CONTINUE CHANGE OF PLEA HEARING

IT IS HEREBY STIPULATED AND AGREED, by and between Steven W. Myhre, Acting United States Attorney, and Christopher Burton, Assistant United States Attorney, counsel for the United States of America (hereinafter "the Government"), and Nicholas Wooldridge, Wooldridge Law Ltd., counsel for Ryan Austin Rother ("the Defendant") (collectively, "the Parties"), that the change of plea hearing scheduled for January 16, 2018 at 10:00 a.m. to a date certain in the future.

The Stipulation is entered into for the following reasons:

1. The client is not in custody and does not oppose the continuance.

2. The additional time requested herein is not sought for purposes of delay.

3. Counsel has an unavoidable scheduling conflict on January 16th and 17th of 2018.

4. The requested rescheduling of the change of plea hearing will not prejudice the Government. The additional time requested by this Stipulation is excusable 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 First Stipulation to continue the Change of Plea hearing filed herein.

FINDINGS OF FACT CONCLUSIONS OF LAW AND ORDER

FINDINGS OF FACT

Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:

1. Counsel for the defendant has requested a continuance of the change of plea hearing scheduled for January 16, 2018.

2. The defendant is not in custody and does not object to the continuance.

3. The parties agree to the continuance.

4. The additional time requested herein is not sought for purposes of delay.

5. The requested rescheduling of the change of plea hearing will not prejudice the Government. The additional time requested by this Stipulation is excusable 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).

CONCLUSIONS OF LAW

The ends of justice served by granting said continuance.

The continuance sought herein is excusable under the Speedy Trial Act, title 18, United States Code, Section § 3161 (h)(7)(A), when the considering the factors under Title 18, United States Code, § 3161(h)(7)(B)(i), (iv).

ORDER

IT IS THEREFORE ORDERED that the change of plea hearing scheduled for January 16, 2018 at 10:00 a.m. is rescheduled to January 22, 2018 at the hour of 10:00 a.m.

Source:  Leagle

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