United States District Court, D. Nevada
L. VALLADARES Federal Public Defender Nevada State Bar No.
11479 SYLVIA A. IRVIN Assistant Federal Public
DefenderAttorney for Brian Tucker
NICHOLAS A. TRUTANICH United States Attorney
CHRISTOPHER D. BAKER Assistant United States Attorney
CHILDRESS Deputy Chief, Civil Division Southern Division of
STIPULATION TO CONTINUE TELEPHONIC STATUS HEARING
stipulated and agreed to by United States Attorney Nicholas
A. Trutanich, Assistant United States Attorney Christopher D.
Baker, and Assistant United States Attorney John Childress,
Deputy Chief, Civil Division, Southern District of Indiana,
counsel for the United States of America, and Federal Public
Defender Rene L. Valladares and Assistant Federal Public
Defender Sylvia A. Irvin, counsel for Brian Tucker, that this
Court continue the Telephonic Status Hearing for at least 30
days to a date and time convenient for this Court.
Stipulation is entered into for the following reasons:
Tucker is in BOP custody at FCI Otisville in New York. He is
currently serving a lengthy prison sentence and is scheduled
to be released in 2032.
Court first appointed the Federal Public Defender to
represent Mr. Tucker at an initial appearance in No.
2:15-mj-00012-GWF-1, ECF No. 4. The initial appearance was a
Federal Rule of Criminal Procedure 5(c)(3) proceeding on an
Indictment filed in the Southern District of Indiana. See
id., ECF Nos. 1, 2. Mr. Tucker was detained and subsequently
transported to the Southern District of Indiana. See id., ECF
Following Mr. Tucker's conviction in the Southern
District of Indiana, he filed a motion for return of property
in the District of Nevada, and this Court set a status
hearing on the civil forfeiture issue. ECF Nos. 1, 5.
Tucker called the FPD to ask for assistance in appearing for
the status hearing by telephone and this Court granted the
request. ECF Nos. 7-8.
parties then asked the Court for more time to resolve the
civil forfeiture matter, and the Court granted the request
and rescheduled the status hearing to July 11, 2019. ECF Nos.
Undersigned defense counsel has been in contact with AUSA
John Childress in the Southern District of Indiana in an
effort to assist Mr. Tucker in resolving this matter.
However, Mr. Tucker was injured while in BOP custody, and
because of these injuries, defense counsel has been unable to
speak to Mr. Tucker by email or telephone. Defense counsel
has been in contact with Mr. Tucker's counselor and a
legal call is scheduled for July 9, 2019.
allow time for Mr. Tucker to recuperate and to consider the
Government's proposed resolution, counsel asks the Court
to continue the status hearing for at least 30 days.
Government is not opposed to a continuance of this hearing or
to allow Mr. Tucker to ...