Filed: Sep. 09, 2019
Latest Update: Sep. 09, 2019
Summary: ORDER Stipulation to Continue Preliminary Hearing (Third Request) CAM FERENBACH , Magistrate Judge . The parties jointly request that this Court vacate the preliminary hearing scheduled for September 9, 2019, and continue it for at least 60 days because: 1. The government intends on making an early production of discovery to the defendants in an effort to reach a pre-indictment plea agreement. Two (of several) remaining lab tests are being rushed but remain incomplete. The government
Summary: ORDER Stipulation to Continue Preliminary Hearing (Third Request) CAM FERENBACH , Magistrate Judge . The parties jointly request that this Court vacate the preliminary hearing scheduled for September 9, 2019, and continue it for at least 60 days because: 1. The government intends on making an early production of discovery to the defendants in an effort to reach a pre-indictment plea agreement. Two (of several) remaining lab tests are being rushed but remain incomplete. The government i..
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ORDER
Stipulation to Continue Preliminary Hearing
(Third Request)
CAM FERENBACH, Magistrate Judge.
The parties jointly request that this Court vacate the preliminary hearing scheduled for September 9, 2019, and continue it for at least 60 days because:
1. The government intends on making an early production of discovery to the defendants in an effort to reach a pre-indictment plea agreement. Two (of several) remaining lab tests are being rushed but remain incomplete. The government intends to disclose more discovery as it becomes available, and defense counsel will need time to review this discovery and discuss it with their clients.
2. A pre-indictment plea agreement would obviate the need for either a preliminary hearing or indictment by a grand jury.
3. Defendants are not incarcerated and do not object to a continuance.
4. Denial of this continuance would potentially prejudice the defendants and the government and would unnecessarily consume this Court's valuable resources.
5. Additionally, denial of this continuance could result in a miscarriage of justice. The additional time is excludable in computing the time within which the trial must commence under the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(A), considering the factors under § 3161(h)(7)(B)(i), (iv).
This is the third request for continuance.
DATED: September 6, 2019.
Rene L. Valladares Nicholas A. Trutanich
Federal Public Defender United States Attorney
/s/ Erin Gettel /s/Shaheen Torgoley
By ________ By ________
Erin Gettel Shaheen Torgoley
Assistant Federal Public Defender Assistant United States Attorney
/s/ Chris T. Rasmussen
By ________
Chris T. Rasmussen
Counsel for Latoya Jones
Order Granting Third Stipulation to Continue Preliminary Hearing
Based on the Stipulation of counsel and good cause appearing,
IT IS ORDERED that the preliminary hearing currently scheduled on September 9, 2019, at 4:00 p.m. is vacated and continued to November 15 at the hour of 4:00 p.m.