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United States v. Johnson

United States District Court, D. Nevada

February 21, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
LEON JOHNSON, Defendant.

          RENE L. VALLADARES Federal Public Defender

          PAUL RIDDLE, Assistant Federal Public Defender

          DANIEL G. BOGDEN United States Attorney

          KILBY C. MACFADDEN, Assistant United States Attorney

          STIPULATION TO CONTINUE TRIAL DATES

         IT IS HEREBY STIPULATED AND AGREED, by and between Daniel G. Bogden, United States Attorney, and Kilby C. Macfadden., Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Paul Riddle, Assistant Federal Public Defender, counsel for Leon Johnson, that the calendar call currently scheduled for Wednesday, February 22, 2017 at 1:30 p.m., and the trial currently scheduled for, Monday, February 27, 2017 at 9:00 a.m., be vacated and set to a date and time convenient to this Court, but no sooner than sixty (60) days.

         This Stipulation is entered into for the following reasons:

         1. The client is in custody and does not oppose the continuance.

         2. Since the filing of the previous stipulation, counsel for the defendant has been diligent in trial preparation, as well as attempts to negotiate a resolution acceptable to the defendant.

         3. Defense counsel seeks additional time to continue the process of consulting with an expert.

         4. Pending the report from the expert, additional time will be needed to prepare for trial.

         5. The additional time requested herein is not sought for purposes of delay.

         6. Denial of this request for continuance would deny counsel for the defendant sufficient time to effectively and thoroughly prepare, taking into account the exercise of due diligence.

         7. Additionally, denial of this request for continuance could result in a miscarriage of Justice. 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, § 3161(h)(7)(A), ...


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