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United States v. Rivera

United States District Court, D. Nevada

November 17, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
JOSE EFRAIN LARIOS RIVERA, JOSE BAUTISTA MIRANDA, and RAMON LEON-VALDEZ, Defendants.

          RENE L. VALLADARES Federal Public Defender CHRISTOPHER P. FREY Assistant Federal Public Defender Counsel for JOSE EFRAIN LARIOUS RIVERA

          STEVEN MYHRE Acting United States Attorney JAMES E. KELLER Assistant United States Attorney Counsel for the Government

          ORDER GRANTING STIPULATION TO CONTINUE MOTION DEADLINES AND TRIAL DATES (FIRST REQUEST)

          HOWARD D. MCKIBBEN UNITES STATES DISTRICT JUDGE

         IT IS HEREBY STIPULATED AND AGREED, by and between STEVEN W. MYHRE, Acting United States Attorney, and JAMES KELLER, Assistant United States Attorney, counsel for the United States of America, and RENE L. VALLADARES, Federal Public Defender, CHRISTOPHER P. FREY, Assistant Federal Public Defender, counsel for JOSE EFRAIN LARIOS RIVERA, DENNIS A. CAMERON, counsel for JOSE BAUTISTA MIRANDA, and JANICE ANNE HUBBARD, counsel for RAMON LEON-VALDEZ, that the Calendar Call currently scheduled for November 21, 2017, at 9:30 a.m., be vacated and continued to January 24, 2018, at 9:30 a.m., and the trial scheduled for December 5, 2017, at 9:00 a.m., be vacated and continued to February 12, 2018, at 9:00 a.m.

         IT IS FURTHER STIPULATED AND AGREED, that the parties shall have to and including December 29, 2017, to file any and all pretrial motions and notices of defense.

         IT IS FURTHER STIPULATED AND AGREED, that the parties shall have to and including January 12, 2018, to file any and all responsive pleadings.

         IT IS FURTHER STIPULATED AND AGREED, that the parties shall have to and including January 19, 2018, to file any and all replies to dispositive motions.

         The Stipulation is entered into for the following reasons:

1. The defendants are currently detained and does not oppose the requested continuance.
2. The failure to grant this continuance would deny counsel sufficient time to effectively and thoroughly prepare and submit pretrial motions and notices of defense, taking into account the exercise of due diligence. See 18 U.S.C. § 3161 (h)(7)(B)(iv).
3. Counsel for the defendants will need additional time to conduct investigation and complete research 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 be resolved through negotiations.
4. Should a resolution of this matter not be reached between the parties, defense counsel requires additional time within which to complete the investigation and to prepare legal defenses. Such an investigation will require interviewing witnesses, serving subpoenas, discussing key legal concepts and strategy with the defendant, and investigating potential mitigation evidence.
5. The additional time requested herein is not sought for the purposes of delay, but merely to allow counsel for the defendant sufficient time to effectively and thoroughly research, prepare and file appropriate pretrial motions, and prepare for trial, taking into account the exercise of due diligence.
6. The additional time requested by this stipulation is excludable in computing the time within which the trial must commence pursuant to the Speedy Trial Act, 18 U.S.C. §3161(h)(7)(A), and considering the factors under 18 U.S.C. §§ 3161(h)(7)(B)(i) and 3161(h)(B)(iv) in that failure to grant this continuance would result in a miscarriage of ...

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