Filed: Jun. 13, 2018
Latest Update: Jun. 13, 2018
Summary: STIPULATION AND JOINT REQUEST TO CONTINUE PRELIMINARY HEARING AND WAIVE TIME; [PROPOSED] ORDER EDMUND F. BRENNAN , Magistrate Judge . By previous order, this matter was set for preliminary hearing on June 15, 2018. The United States and the defendant, Eric Monfort, (collectively, the "Parties") now bring this stipulation and joint request, under Federal Rule of Criminal Procedure 5.1(d), to continue the preliminary hearing until June 28, 2018, for good cause, and taking into account the p
Summary: STIPULATION AND JOINT REQUEST TO CONTINUE PRELIMINARY HEARING AND WAIVE TIME; [PROPOSED] ORDER EDMUND F. BRENNAN , Magistrate Judge . By previous order, this matter was set for preliminary hearing on June 15, 2018. The United States and the defendant, Eric Monfort, (collectively, the "Parties") now bring this stipulation and joint request, under Federal Rule of Criminal Procedure 5.1(d), to continue the preliminary hearing until June 28, 2018, for good cause, and taking into account the pu..
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STIPULATION AND JOINT REQUEST TO CONTINUE PRELIMINARY HEARING AND WAIVE TIME; [PROPOSED] ORDER
EDMUND F. BRENNAN, Magistrate Judge.
By previous order, this matter was set for preliminary hearing on June 15, 2018. The United States and the defendant, Eric Monfort, (collectively, the "Parties") now bring this stipulation and joint request, under Federal Rule of Criminal Procedure 5.1(d), to continue the preliminary hearing until June 28, 2018, for good cause, and taking into account the public interest in the prompt disposition of criminal cases.
The parties agree and stipulate, and request that the Court find the following:
1. The defendant, Eric Monfort, made an initial appearance before this Court, on an arrest warrant supported by criminal complaint, on June 1, 2018, alleging violations of 21 U.S.C. § 841(a)(1), 21 U.S.C. § 846, 841(a)(1), and 18 U.S.C. § 922(g), as to him. The Court ordered him detained and set a preliminary hearing for June 15, 2018, before U.S. Magistrate Judge Edmund F. Brennan.
2. A defendant in a separate but related case, Meghan Monfort, arrested pursuant to the same criminal complaint, alleging violations of 21 U.S.C. § 841(a)(1) and 21 U.S.C. § 846, 841(a)(1), as to her, made an initial appearance, also on June 1, 2018. See Case No. 3:18-mj-0014-CKD. The Court ordered Meghan Monfort released to a drug rehabilitation program, and set her preliminary hearing for June 28, 2018, before U.S. Magistrate Judge Kendall J. Newman. Meghan Monfort agreed to waive any time between her initial appearance and preliminary hearing in excess of the 21-day limit imposed by Fed. R. Crim. P. 5.1(c), for a defendant not in custody.
3. In the interest of judicial economy, and agreeing that there will be no prejudice to the defendant Eric Monfort, the Parties agree that there is good cause to continue the preliminary hearing to June 28, 2018. Furthermore, Eric Monfort agrees to waive any time in excess of the 14-day limit imposed by Fed. R. Crim. P. 5.1(c), for a defendant in custody.
ORDER
Based on the Stipulation of the Parties, the representations contained in that Stipulation and good cause having been shown, IT IS HEREBY ORDERED that:
1. The Preliminary Hearing in this matter, initially set for June 15, 2018, is continued to June 28, 2018, at 2 p.m. before U.S. Magistrate Judge Kendall J. Newman.
2. Any time in excess of the 14-day limit imposed by Fed. R. Crim. P. 5.1(c) is hereby waived.
IT IS SO ORDERED.
