Stipulation to Continue the Filing of Trial Documents (First Request)

RICHARD F. BOULWARE, II, District Judge.

IT IS HEREBY STIPULATED AND AGREED, by and between DAYLE ELIESON, United States Attorney, Brandon C. Jaroch, Assistant United States Attorney, counsel for the United States of America, and Tony Abbatangelo, Esq., counsel for JOHAN EDUARDO ESPINOZA-FELIX:

THAT THE PARTIES' DEADLINE TO SUBMIT TRIAL DOCUMENTS IN THIS MATTER, currently scheduled for December 7, 2018, be continued until December 11, 2018.

This Stipulation is entered into for the following reasons:

1. The defense counsel has a scheduled meeting with the defendant at the Nevada Southern Detention Center in Pahrump, NV, on December 7, 2018 to discuss the trial and negotiations made with the government and will need additional time to file trial documents.

2. The parties have been diligently discussing the case to potentially limit trial or evidentiary issues during trial.

3. The parties do not foresee this brief continuance to have an impact on the current trial setting but acknowledge that a stipulation to continue the calendar call and trial may occur.

4. The parties agree to the continuance.

5. The denial of this request for continuance could result in a miscarriage of justice.

6. This is the first request to continue the filing deadline.

FINDINGS OF FACT

Based on the pending Stipulation of Counsel, and good cause appearing therefore, the Court finds that:

1. The defense counsel has a scheduled meeting with the defendant at the Nevada Southern Detention Center in Pahrump, NV, on December 7, 2018 to discuss the trial and negotiations made with the government and will need additional time to file trial documents.

2. The parties have been diligently discussing the case to potentially limit trial or evidentiary issues during trial.

3. The parties do not foresee this brief continuance to have an impact on the current trial setting but acknowledge that a stipulation to continue the calendar call and trial may occur.

4. The parties agree to the continuance.

5. The denial of this request for continuance could result in a miscarriage of justice.

6. This is the first request to continue the filing deadline.

CONCLUSIONS OF LAW

The ends of justice would be served by granting said continuance since failure to grant said continuance would likely result in a miscarriage of justice and would deny the parties herein sufficient time and opportunity to effectively and thoroughly file the trial documents, taking into account the exercise of due diligence.

IT IS ORDERED that the parties' deadline to file trial documents, currently scheduled for December 7, 2018, is vacated and continued to December 11, 2018.