United States District Court, D. Nevada
L. VALLADARES Federal Public Defender MARGARET W. LAMBROSE
Assistant Federal Public Defender
NICHOLAS A. TRUTANICH United States Attorney KIMBERLY M.
FRAYN Assistant United States Attorney
STIPULATION TO CONTINUE PRELIMINARY HEARING
Honorable Cam Ferenbach, United States Magistrate Judge.
HEREBY STIPULATED AND AGREED, by and between Nicholas A.
Trutanich, United States Attorney, and Kimberly M. Frayn,
Assistant United States Attorney, counsel for the United
States of America, and Rene L. Valladares, Federal Public
Defendant and Margaret W. Lambrose, Assistant Federal Public
Defender, counsel for JAVIER REYES-ALAS,
(“Reyes”), that the preliminary hearing date in
the abovementioned case, which is currently scheduled for
June 7, 2019, at 4:00 p.m., be continued and reset to a date
and time convenient to this Court, but for a period of not
less than sixty (60) days for the following reasons:
1. On or about May 24, 2019, Reyes appeared on the complaint
and was detained pending a preliminary hearing, which is
currently scheduled for June 7, 2019. An ICE detainer has
been filed against him because he is believed to be an alien,
that is a citizen of Honduras and not a United States
citizen, who is unlawfully in the United States.
2. The parties have agreed to continue the preliminary
hearing date for at least sixty days so that the government
can produce discovery, including a copy of Reyes's A
file, to defense counsel so that it can be reviewed by Reyes
and his counsel prior to the hearing. The parties are hopeful
that once discovery has been reviewed, a pre-hearing plea can
be negotiated by written agreement. Failing a negotiated
resolution, the defense will need additional time to complete
any pre-hearing investigation deemed necessary to properly
prepare for the preliminary hearing. Accordingly, the parties
request that the preliminary hearing be continued and reset
to a date and time convenient to this Court, but for a period
not less than sixty days.
3. The defendant is incarcerated and does not object to the
4. The parties agree to the continuance.
5. The additional time requested herein is not sought for
purposes of delay, but merely to allow the parties sufficient
time within which to review the discovery and conduct
pre-litigation investigation prior to the preliminary
hearing. Additionally, denial of this request for continuance
could result in a miscarriage of justice, and the ends of
justice served by granting this request, outweigh the best
interest of the public and the defendant in a speedy
the first stipulation to continue the preliminary hearing
OF FACT, CONCLUSIONS OF LAW AND ORDER
on the pending Stipulation of counsel, and good cause
appearing therefore, the Court finds that:
1. On or about May 24, 2019, defendant Reyes appeared on the
complaint and was detained pending a preliminary hearing,
which is currently scheduled for June 7, 2019. An ICE
detainer has been filed against him because he is believed to
be an alien, that is a citizen of Honduras and ...