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United States v. Leavitt

United States District Court, D. Nevada

January 4, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
FREDRICK J. LEAVITT, and DUSTIN LEWIS, Defendants.

          STEVEN W. MYHRE Acting United States Attorney

          PAUL PADDA, Esq. Counsel for Defendant LEAVITT

          PATRICK BURNS Assistant United States Attorney

          PETER CHRISTIANSEN, Esq. Counsel for Defendant LEWIS

          COMPLEX CASE SCHEDULE (STIPULATION)

          HONORABLE CAM FERENBACH UNITED STATES MAGISTRATE JUDGE.

         Pursuant to Local Rule 16-1, the United States, by and through the undersigned, and Defendants, by and through undersigned counsel, submit this Proposed Complex Case Schedule as follows:

         1. Complex Case:

         The parties stipulate that this is a complex case within the meaning of that term under Title 18, United States Code, Section 3161(h)(7)(B)(i) and (ii), in that the failure to grant such a continuance of such proceeding would result in a possible miscarriage of justice and in that the nature of the prosecution is such that it is unreasonable to expect adequate trial preparation within the time limits prescribed by the Speedy Trial Act.

a. The discovery in this matter consists of tens of thousands of pages of records and documents from numerous sources. Several federal agencies investigated this matter, and the conduct alleged in the Indictment overlaps with various other matters of investigative activity.
b. The fraud and bribery scheme alleged in the Indictment is complex because it involves the records and activity of federal and state governmental entities and financial records and data that will take significant time for the defense to review and adequately prepare for pretrial motions and trial.
c. The parties acknowledge there is a possibility for a superseding indictment to be returned alleging additional related activity.

         2. Trial Date:

         The parties stipulate that they seek to vacate the current trial setting for this matter of February 26, 2018, and set the matter for a firm trial setting in or about November 5, 2018. The United States anticipates, at this time, it will need no more than three weeks to present its case-in-chief.

         3. Ex ...


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