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United States v. Rodriguez

United States District Court, D. Nevada

July 6, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
LUIS EDUARDO RODRIGUEZ, Defendant,

          GENTILE CRISTALLI, MILLER ARMENI SAVARESE DOMINIC P. GENTILE Nevada Bar, 1923 VINCENT SAVARESE III Nevada Bar No. 2467 Attorneys for Defendant. LUIS EDUARDO RODRIGUEZ

          UNITED STATES ATTORNEY SOUTHERN DISTRICT OF NEW YORK NOAH FALK Assistant United States Attorney Attorneys for Plaintiff, UNITED STATES OF AMERICA

          STIPULATION AND ORDER TO MODIFY CONDITION OF RELEASE TO CONTINUE DEFENDANT LUIS EDUARDO RODRIGUEZ'S APPEARANCE FOR PRESENTMENT IN SOUTHERN DISTRICT OF NEW YORK FROM JULY 9, 2018 TO JULY 16, 2018 (FIRST REQUEST)

          PEGGY A. LEEN UNITED STATES DISTRICT JUDGE

         IT IS HEREBY STIPULATED AND AGREED by and between Luis Eduardo Rodriguez ("Mr. Rodriguez'"), Defendant, by and through his counsel, Dominic P. Gentile, Esq. and Vincent Savarese III, Esq., of the law firm of Gentile Cristalli Miller Armeni Savarese and the Plaintiff, United States of America, by and through Noah Ealk, Assistant United States Attorney, and Jonathan E. Rebold, Assistant United States Attorney for the Southern District of New York that the Defendant's appearance for presentment in the district before the United States District Court for the Southern District of New York, currently scheduled for July 9, 2018, at the hour of 9:00 a.m. be vacated and continued to July 16, 2018, at the hour of 9:00 a.m.

         This Stipulation is entered into for the following reasons:

         1. Following the Defendant's arrest in the State and District of Nevada in connection with the above-entitled matter presently pending before the United States District Court for the Southern District of New York, a hearing was conducted on July 2, 2018 before the United States District Court for the District of Nevada, the Honorable Peggy A. Leen, United States Magistrate Judge, pursuant to Rule 5 of the Federal Rules of Criminal Procedure.

         2. Pursuant thereto, Magistrate Judge been ordered that Defendant Rodriguez be transferred to the Southern District of New York; that he report to Pretrial Services in the Southern District of New York on July 9, 2018; and that he appear for presentment in the district before the United States District Court for the Southern District of New York on July 9, 2018, at the hour of 9:00 a.m., and ordered that Defendant Rodriguez be released pending his appearance before the United States District Court for the Southern District of New York for that purpose.

         3. The parties agree that a short continuance of his appearance for presentment in the Southern District of New York is necessary to ensure that the undersigned counsel for Defendant Rodriguez is able to accompany and appear with him at this court appearance in order to protect his constitutional right to the assistance of counsel.

         4. Defendant Rodriguez has appeared before this Court; is not custody; and, together with the government, agrees to this continuance.

         5. 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.

         6. For all the above-stated reasons, the ends of justice would be best served by a short continuance as set forth herein.

         7. This is the first request for a continuance of Defendant's appearance for presentment in the Southern District of New York.

         FINDINGS OF FACT, CONCLUSION OF LAW AND ORDER

         Based upon the pending Stipulation of counsel, and good cause appearing therefor, the Court hereby finds, ...


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