Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: STIPULATION TO CONTINUE PRELIMINARY HEARING; ORDER BARBARA A. McAULIFFE , 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 May 31, 2019, be continued to July 12, 2019 at 2:00 p.m. Mr. Hernandez made an initial appearance on a Criminal Complaint on September 25, 2018. Feder
Summary: STIPULATION TO CONTINUE PRELIMINARY HEARING; ORDER BARBARA A. McAULIFFE , 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 May 31, 2019, be continued to July 12, 2019 at 2:00 p.m. Mr. Hernandez made an initial appearance on a Criminal Complaint on September 25, 2018. Federa..
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STIPULATION TO CONTINUE PRELIMINARY HEARING; ORDER
BARBARA A. McAULIFFE, 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 May 31, 2019, be continued to July 12, 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 July 12, 2019. The parties agree that time shall be excluded through the date of the May 31, 2019 hearing, pursuant to 18 U.S.C. § 3161(h)(7)(A).
Respectfully submitted,
HEATHER E. WILLIAMS
Federal Defender
Date: May 28, 2019 /s/Erin Snider
ERIN SNIDER
Assistant Federal Defender
Attorney for Defendant
OSCAR HERNANDEZ
McGREGOR W. SCOTT
United States Attorney
Dated: May 28, 2019 /s/Jeffrey Spivak
JEFFREY SPIVAK
Assistant United States Attorney
Attorney for Plaintiff
ORDER
GOOD CAUSE APPEARING, the Court hereby continues the Preliminary Hearing currently set for May 31, 2019, to July 12, 2019 at 2:00 p.m. before Magistrate Judge Sheila K. Oberto. 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.
