Filed: May 14, 2019
Latest Update: May 14, 2019
Summary: STIPULATION TO CONTINUE EVIDENTIARY HEARING ON DEFENDANT'S MOTION TO SUPPRESS (Third Request) GEORGE FOLEY, JR. , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between, the United States of America, through the undersigned, together with Crane Pomerantz, Esq., counsel for defendant JOSE BUENROSTRO, that the Evidentiary Hearing on Defendant's Motion to Suppress currently set for May 15, 2019 at 9:30 a.m. be vacated and continued until May 29, 2019. This stipulation is enter
Summary: STIPULATION TO CONTINUE EVIDENTIARY HEARING ON DEFENDANT'S MOTION TO SUPPRESS (Third Request) GEORGE FOLEY, JR. , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED, by and between, the United States of America, through the undersigned, together with Crane Pomerantz, Esq., counsel for defendant JOSE BUENROSTRO, that the Evidentiary Hearing on Defendant's Motion to Suppress currently set for May 15, 2019 at 9:30 a.m. be vacated and continued until May 29, 2019. This stipulation is entere..
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STIPULATION TO CONTINUE EVIDENTIARY HEARING ON DEFENDANT'S MOTION TO SUPPRESS
(Third Request)
GEORGE FOLEY, JR., Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED, by and between, the United States of America, through the undersigned, together with Crane Pomerantz, Esq., counsel for defendant JOSE BUENROSTRO, that the Evidentiary Hearing on Defendant's Motion to Suppress currently set for May 15, 2019 at 9:30 a.m. be vacated and continued until May 29, 2019.
This stipulation is entered for the following reasons:
1. An essential witness for the evidentiary hearing, retired DEA Agent Mabey, will be out of the state from May 12, 2019-May 27, 2019 and thus is unavailable for the current setting.
2. The parties agree to the continuance.
3. The defendant is currently in custody and agrees to the continuance. continuance of the government's response deadline and evidentiary hearing.
5. The additional time requested by this stipulation is made in good faith and not for purposes of delay.
6. Additionally, denial of this request for continuance could result in a miscarriage of justice.
7. The additional time requested by this stipulation is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(D) and 3161(h)(7) and Title 18, United States Code, Section 3161(h)(7)(A) when considering the factors under Title 18, United States Code, Sections 3161(h)(7)(B), 3161(h)(7)(B)(i), and 3161(h)(7)(B)(iv).
8. This is the third request for a continuance.
ORDER GRANTING STIPULATION TO CONTINUE EVIDENTIARY HEARING ON DEFENDANT'S MOTION TO SUPPRESS
FINDING OF FACTS
This stipulation is entered for the following reasons:
1. An essential witness for the evidentiary hearing, retired DEA Agent Mabey, will be out of the state from May 12, 2019-May 27, 2019 and thus is unavailable for the current setting.
2. The parties agree to the continuance.
3. The defendant is currently in custody and agrees to the continuance.
4. For the reasons stated above, the ends of justice would best be served by a continuance of the government's response deadline and evidentiary hearing.
5. The additional time requested by this stipulation is made in good faith and not for purposes of delay.
6. Additionally, denial of this request for continuance could result in a miscarriage of justice.
7. The additional time requested by this stipulation is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(D) and 3161(h)(7) and Title 18, United States Code, Section 3161(h)(7)(A) when considering the factors under Title 18, United States Code, Sections 3161(h)(7)(B), 3161(h)(7)(B)(i), and 3161(h)(7)(B)(iv).
8. This is the third request for a continuance.
ORDER
Based on the pending Stipulation of counsel, and good cause appearing therefore, IT IS HEREBY ORDERED, that the Evidentiary Hearing for Defendant's Motion to Suppress, currently set for May 15, 2019 at 9:30 a.m., be vacated and continued until May 29, 2019 at 9:30 A.M.
