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U.S. v. Barkley, 2:16-mj-00806-NJK. (2017)

Court: District Court, D. Nevada Number: infdco20170119667 Visitors: 17
Filed: Jan. 03, 2017
Latest Update: Jan. 03, 2017
Summary: STIPULATION AND ORDER TO PRELIMINARY EXAMINATION NANCY J. KOPPE , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED by and between DAVID R. FISCHER, ESQ., counsel for Defendant, ANTHONY BARKLEY and ALEXANDRA M. MICHAEL, ESQ., Assistant United States Attorney, that the Preliminary Examination hearing currently scheduled for January 4, 2017 at 4:00 p.m. be vacated and reset to a date and time convenient to the Court but no earlier than thirty (30) days. This Stipulation is entered into
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STIPULATION AND ORDER TO PRELIMINARY EXAMINATION

IT IS HEREBY STIPULATED AND AGREED by and between DAVID R. FISCHER, ESQ., counsel for Defendant, ANTHONY BARKLEY and ALEXANDRA M. MICHAEL, ESQ., Assistant United States Attorney, that the Preliminary Examination hearing currently scheduled for January 4, 2017 at 4:00 p.m. be vacated and reset to a date and time convenient to the Court but no earlier than thirty (30) days.

This Stipulation is entered into for the following reasons:

1. Counsel for the Defendant, Anthony Barkley has spoken to his client and he has no objection to the request for continuance; 2. Counsel for the Defendant has spoken to counsel for the United States and she has no objection to the continuance; 3. Counsel for Defendant is currently still awaiting discovery on this matter; 4. Denial of this request for continuance could result in a miscarriage justice; 5. The additional time requested by this stipulation is excludable in computing the time within which trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161 (h)(1)(F) and Title 18, United States Code Section 3161 (h)(8)(A) considering the factors in Title 18, United States Code, Sections 3161 (h)(7)(B)(I) and 3161 (h)(7)(B)(iv); 6. For all the above-stated reasons, the ends of justice would best be served by a continuance of the Preliminary Examination until a date and time convenient to the Court.

This is the first continuance filed herein.

ORDER

IT IS HEREBY ORDERED that the Preliminary Examination, currently scheduled for January 4, 2017 at 4:00 p.m., be continued to the 7th day of February, 2017 at 4:00 p.m., in courtroom 3C.

Source:  Leagle

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