Filed: Feb. 10, 2020
Latest Update: Feb. 10, 2020
Summary: ORDER AND ORDER TO CONTINUE PRELIMINARY EXAMINATION (FIFTH REQUEST) CAM FERENBACH , Magistrate Judge . IT IS HEREBY STIPULATED by and between DANIEL NATHAN, Defendant, by and through his counsel MICHAEL J MICELI, ESQ, and the United States of America, ROBERT KNIEF, Assistant United States Attorney, that the preliminary examination hearing currently scheduled for February 10, 2020 at 4:00 p.m., be vacated and reset to a date and time convenient to the Court but no sooner than thirty (30) da
Summary: ORDER AND ORDER TO CONTINUE PRELIMINARY EXAMINATION (FIFTH REQUEST) CAM FERENBACH , Magistrate Judge . IT IS HEREBY STIPULATED by and between DANIEL NATHAN, Defendant, by and through his counsel MICHAEL J MICELI, ESQ, and the United States of America, ROBERT KNIEF, Assistant United States Attorney, that the preliminary examination hearing currently scheduled for February 10, 2020 at 4:00 p.m., be vacated and reset to a date and time convenient to the Court but no sooner than thirty (30) day..
More
ORDER AND ORDER TO CONTINUE PRELIMINARY EXAMINATION
(FIFTH REQUEST)
CAM FERENBACH, Magistrate Judge.
IT IS HEREBY STIPULATED by and between DANIEL NATHAN, Defendant, by and through his counsel MICHAEL J MICELI, ESQ, and the United States of America, ROBERT KNIEF, Assistant United States Attorney, that the preliminary examination hearing currently scheduled for February 10, 2020 at 4:00 p.m., be vacated and reset to a date and time convenient to the Court but no sooner than thirty (30) days.
This Stipulation is entered into for the following reasons:
1. Counsel has spoken to the Defendant and he has no objections to the continuance.
2. Defendant is not currently incarcerated and on Pretrial Release.
3. Defendant has signed a Plea Agreement.
4. The parties need a continuance to get all documents to the Court to set a change of plea hearing.
5. Additionally, denial of this request for continuance would result in a miscarriage of justice.
6. This is the fifth request for a continuance of the preliminary.
NICHOLAS A. TRUTANICH
PITARO & FUMO, CHTD. UNITED STATES ATTORNEY
/s/ /s/
MICHAEL J. MICELI, ESQ. ROBERT KNIEF, ESQ.
601 LAS VEGAS BOULEVARD, SOUTH ASSISTANT UNITED STATES ATTORNEYS
LAS VEGAS, NEVADA 89101 501 LAS VEGAS BOULEVARD SOUTH. #1100
ATTORNEY FOR DEFENDANT LAS VEGAS, NEVADA 89101
DANIEL NATHAN
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds:
This Stipulation is entered into for the following reasons:
1. Counsel has spoken to the Defendant and he has no objections to the continuance.
2. Defendant is not currently incarcerated and on Pretrial Release.
3. Defendant has signed a Plea Agreement.
4. The parties need a continuance to get all documents to the Court to set a change of plea hearing.
5. Additionally, denial of this request for continuance would result in a miscarriage of justice.
6. This is the fifth request for a continuance of the preliminary.
ORDER
The ends of justice served by granting said continuance outweigh the best interest of the public and the defendant in a speedy preliminary hearing, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for a preliminary hearing, taking into account the exercise of due diligence.
IT IS THEREFORE ORDERED that the preliminary examination in the above captioned matter currently scheduled for February 10, 2020 at 4:00 p.m., be vacated and continued to March 10, 2020, at 4:00 p.m. Court room 3D.
