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United States v. Chase

United States District Court, D. Nevada

September 11, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
BRENNEN CHASE, Defendant.

          RENE L. VALLADARES Federal Public Defender BRIAN PUGH Assistant Federal Public Defender.

          STEVEN W. MYHRE Acting United States Attorney PHILLIP N. SMITH, JR. Assistant United States Attorney.

          STIPULATION TO CONTINUE MOTION DEADLINES (SECOND REQUEST).

         IT IS HEREBY STIPULATED AND AGREED, by and between Steven W. Myhre, Acting United States Attorney, and Phillip N. Smith, Jr., Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Brian Pugh, Assistant Federal Public Defender, counsel for Brennen Chase, that the motion deadline currently scheduled for September 11, 2017; the response deadline scheduled for September 25, 2017, and the reply deadline scheduled for October 2, 2017, be vacated and set to a date and time convenient to this Court, but no sooner than thirty (30) days.

         IT IS FURTHER STIPULATED AND AGREED, that the parties herein shall have to and including October 11, 2017, to file any and all pretrial motions and notices of defense.

         IT IS FURTHER STIPULATED AND AGREED, by and between the parties, that they shall have to and including October 25, 2017, to file any and all responsive pleadings.

         IT IS FURTHER STIPULATED AND AGREED, by and between the parties, that they shall have to and including November 1, 2017, to file any and all replies to dispositive motions.

         The Stipulation is entered into for the following reasons:

         1. Counsel for the defendant needs additional time to conduct investigation in this case in order to determine whether there are any pretrial issues that must be litigated and whether the case will ultimately go to trial or will be resolved through negotiations 2. On August 8, 2017, the court has ordered a pre-plea pre-sentence investigation report. The parties are waiting for the pre-plea pre-sentence investigation report to determine whether this case may be resolve through negotiations.

         3. The defendant is incarcerated and does not object to the continuance.

         4. The parties agree to the continuance.

         5. The additional time requested herein is not sought for purposes of delay, but merely to allow counsel for defendant sufficient time to receive and review the pre-plea pre-sentence investigation.

         6. Additionally, denial of this request for continuance could result in a miscarriage of justice. The additional time requested by this Stipulation is excusable 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, Section 3161(h)(7)(B)(i), (iv).

         This is the second stipulation to continue filed herein.

         FINDINGS OF FACT, ...


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