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United States v. Smith

United States District Court, D. Nevada

July 6, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
JOEL SHANNON SMITH, Defendant.

          DAYLE ELIESON UNITED STATES ATTORNEY DISTRICT OF NEVADA JARED GRIMMER ASSISTANT UNITED STATES ATTORNEY ATTORNEYS FOR PLAINTIFF, UNITED STATES OF AMERICA

          GENTILE CRISTALLI MILLER ARMENI SAVARESE PAOLA M. ARMENI ATTORNEY FOR DEFENDANT, JOEL SHANNON SMITH

          STIPULATION AND ORDER TO CONTINUE ARRAIGNMENT/PLEA (FIRST REQUEST)

          NANCY J. KOPPE, UNITED STATES MAGISTRATE JUDGE

         IT IS HEREBY STIPULATED by and between Joel Shannon Smith (“Mr. Smith”), Defendant, by and through his counsel, Paola M. Armeni, Esq., of the law firm of Gentile Cristalli Miller Armeni Savarese and the Plaintiff, United States of America, by and through Dayle Elieson, United States Attorney, and, Jared Grimmer, Assistant United States Attorney, that the Arraignment/Plea on the Superseding Indictment in the above-captioned matter, currently scheduled for July 12, 2018, at the hour of 1:30 p.m. be vacated. The Parties respectfully request the hearing be continued to the afternoon of July 13, 2018 or in the alternative July 16, 2018.

         This Stipulation is entered into for the following reasons:

         1. On July 3, 2018, a Superseding Indictment was filed against Mr. Smith. (ECF. 48).

         2. The Arraignment/Plea on the Superseding Indictment has been set for July 12, 2018 at 1:30p.m. in front of the Honorable Magistrate Judge Nancy J. Koppe. (ECF. 50).

         3. Ms. Paola M. Armeni, will be out of the jurisdiction on July 12, 2018 teaching at the Trial Academy at the Annual State Bar of Nevada Conference in Chicago, Illinois. Therefore, she is unavailable to appear at the current Arraignment/Plea on behalf of her client, Mr. Smith.

         4. A short continuance of the Arraignment/Plea is necessary to ensure Mr. Smith's counsel is present at this court appearance, protecting his constitutional right to assistance of counsel.

         5. Mr. Smith has appeared in this case and is in custody and, along with the government, agrees to a continuance.

         6. The additional time requested herein is not sought for purposes of delay and the denial of this request for a continuance could result in a miscarriage of justice.

         7. For all the above-stated reasons, the ends of justice would be best served by a short continuance of the Arraignment/Plea.

         8. This is the first request for a continuance of the Arraignment/Plea.

         FINDINGS OF FACT, ...


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