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U.S. v. LOFTIN, 2:13-cr-304-JCM-CWH. (2015)

Court: District Court, D. Nevada Number: infdco20150123d39 Visitors: 14
Filed: Jan. 21, 2015
Latest Update: Jan. 21, 2015
Summary: STIPULATION FOR THE ADMISSION OF ADDITIONAL EVIDENCE C.W. HOFFMAN, Jr., Magistrate Judge. IT IS AGREED, by and between Daniel G. Bogden, United States Attorney, and Phillip N. Smith Jr., Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Heidi A. Ojeda, Assistant Federal Public Defender, counsel for defendant CHAD HENRY LOFTIN, hereby submit this Stipulation for the Admission of Additional Evidence for the Court's co
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STIPULATION FOR THE ADMISSION OF ADDITIONAL EVIDENCE

C.W. HOFFMAN, Jr., Magistrate Judge.

IT IS AGREED, by and between Daniel G. Bogden, United States Attorney, and Phillip N. Smith Jr., Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Heidi A. Ojeda, Assistant Federal Public Defender, counsel for defendant CHAD HENRY LOFTIN, hereby submit this Stipulation for the Admission of Additional Evidence for the Court's consideration.

1. On November 20, 2014, the Court reopened the evidentiary hearing in this matter in order to receive new evidence. (CR #99, Minutes of Proceedings hearing, undersigned counsel for the Defendant sought to introduce records from JP Morgan Chase concerning the transaction activity of Mr. Loftin's EBT card. Undersigned counsel for the Defendant had just received the records the morning of the hearing and provided the records to the Government at the conclusion of the hearing. The Court requested that counsel meet and confer concerning the records and if additional testimony needed to be received by the Court for their admission.

2. The parties have met and conferred and now stipulate to the admission of the JP Morgan Chase records as Defendant's Exhibit I, which are attached to this stipulation. The parties further stipulate that the third column from the right titled "Log Time," lists the time the transaction was processed. This time is reported in miliary time, and the times listed are recorded in Eastern Standard Time.

3. The parties further stipulate that the Food 4 Less, located at 3864 W. Sahara, Las Vegas, NV, is a distance of 0.9 miles from the Siegel Suites located at 2817 W. Sahara Ave., Las Vegas, NV.

4. The parties request the Court accept this additional evidence and consider it in drafting its Report and Recommendation.

ORDER

IT IS THEREFORE ORDERED that the attached JP Morgan Chase records are admitted as Defendant's Exhibit I.

IT IS FURTHER ORDERED that the Court will accept into evidence, without additional testimony, the fact that the Food 4 Less, located at 3864 W. Sahara, Las Vegas, NV, is a distance of 0.9 miles from the Siegel Suites located at 2817 W. Sahara Ave., Las Vegas, NV.

EXHIBIT I

Source:  Leagle

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