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U.S. v. Hernandez, 1:18-mj-00168-BAM-1. (2019)

Court: District Court, E.D. California Number: infdco20190212727 Visitors: 9
Filed: Feb. 11, 2019
Latest Update: Feb. 11, 2019
Summary: STIPULATION TO CONTINUE PRELIMINARY HEARING; ORDER STANLEY A. BOONE , Magistrate Judge . IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES, Assistant United States Attorney Jeffrey Spivak, counsel for plaintiff, and Assistant Federal Defender Erin Snider, counsel for Oscar Hernandez, that the preliminary hearing currently scheduled for February 15, 2019, be continued to March 29, 2019 at 2:00 p.m. Mr. Hernandez made an initial appearance on a Criminal Complaint on September 25, 2018. Fed
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STIPULATION TO CONTINUE PRELIMINARY HEARING; ORDER

IT IS HEREBY STIPULATED BY AND BETWEEN THE PARTIES, Assistant United States Attorney Jeffrey Spivak, counsel for plaintiff, and Assistant Federal Defender Erin Snider, counsel for Oscar Hernandez, that the preliminary hearing currently scheduled for February 15, 2019, be continued to March 29, 2019 at 2:00 p.m.

Mr. Hernandez made an initial appearance on a Criminal Complaint on September 25, 2018. Federal Rule of Criminal Procedure 5.1(d) provides that the time limit requiring a preliminary hearing within 21 days of the initial appearance may be extended "one or more times" with the defendant's consent and a showing of good cause. Here, the parties agree that there is good cause for the extension, as the parties are exploring different options for proceeding in this matter. Accordingly, the parties request that the preliminary hearing be continued to March 29, 2019. The parties agree that time shall be excluded through the date of the March 29, 2019 hearing, pursuant to 18 U.S.C. § 3161(h)(7)(A).

ORDER

GOOD CAUSE APPEARING, the Court hereby continues the preliminary hearing currently set for February 15, 2019, to March 29, 2019 at 2:00 p.m. Time is excluded under 18 U.S.C. § 3161(h)(7)(A). The Court finds that good cause for the continuance exists and that the ends of justice outweigh the interest of the public and the defendant in a speedy trial.

IT IS SO ORDERED.

Source:  Leagle

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