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United States v. Humphries

United States District Court, D. Nevada

June 14, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
BRET ALAN HUMPHRIES Defendants.

          Thomas A. Ericsson, Esq. Oronoz, Ericsson & Gaffney, LLC Attorney for Bret Alan Humphries

          Frank Coumou, Esq. Assistant United States Attorney Attorney for the United States of America

          STIPULATION TO EXTEND TIME TO FILE REPLY TO THE GOVERNMENT'S RESPONSE TO DEFENDANT'S MOTION TO COMPEL DISCOVERY (Dkt. 127)

         IT IS HEREBY STIPULATED AND AGREED by BRET ALAN HUMPHRIES, by and through his attorney, THOMAS A. ERICSSON, ESQ., and the United States of America, by and through FRANK COUMOU, ESQ., Assistant United States Attorney, that the date for the defendant to respond to the Government's Response to Defendant's Motion to Compel Discovery (Dkt. 127) be extended up to and including June 23, 2017. The request for a continuance is based upon the following:

1. On May 24, 2017, the Defendant filed a Motion to Compel Discovery (See, Dkt. 126).
2. On June 7, 2017, the Government filed its Response to the Defendant's Motion to Compel Discovery (See, Dkt. 127).
3. Counsel for the Defendant requires additional time to finalize his reply to the Government's Response because he requires the assistance of his expert to prepare the reply, and the expert is currently in trial.
4. Defendant Humphries is currently in custody and has no objection to the continuance.
5. Defense counsel for BRET ALAN HUMPHRIES has spoken to AUSA Frank Coumou, and he has no objection to the continuance of the briefing schedule.
6. The additional time requested herein is not sought for purposes of delay.
7. Denial of this request for a continuance would deny counsel for the defendant sufficient time, to effectively and thoroughly prepare and submit pretrial motions and notices of defense, taking into account the exercise of due diligence.
8. Additionally, denial of this request for continuance could result in a miscarriage of justice.
9. 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)(7)(A), considering the factors under Title 18, United States Code §§ 3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv).

         This is the first request to extend the time to file this reply.

         FINDINGS ...


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