Filed: Mar. 25, 2019
Latest Update: Mar. 25, 2019
Summary: STIPULATION TO CONTINUE PRELIMINARY HEARING; ORDER SHEILA K. OBERTO , 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 March 29, 2019, be continued to April 26, 2019 at 2:00 p.m. Mr. Hernandez made an initial appearance on a Criminal Complaint on September 25, 2018. Federa
Summary: STIPULATION TO CONTINUE PRELIMINARY HEARING; ORDER SHEILA K. OBERTO , 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 March 29, 2019, be continued to April 26, 2019 at 2:00 p.m. Mr. Hernandez made an initial appearance on a Criminal Complaint on September 25, 2018. Federal..
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STIPULATION TO CONTINUE PRELIMINARY HEARING; ORDER
SHEILA K. OBERTO, 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 March 29, 2019, be continued to April 26, 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 April 26, 2019. The parties agree that time shall be excluded through the date of the April 26, 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 March 29, 2019, to April 26, 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.