United States District Court, D. Nevada
WONG Assistant Federal Public Defender Counsel for Defendant
KIMBERLY M. FRAYN Assistant U.S. Attorney
STIPULATION TO EXTEND GOVERNMENT'S TIME TO
RESPOND TO DEFENDANT'S MOTIONS TO DISMISS ECF 23 AND 24
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE.
government and Rene L. Valladares, Federal Public Defender,
and Andrew Wong, Assistant Federal Public Defender, counsel
for the defendant, Jose David Garcia-Gutierrez,
(“Garcia”), do stipulate and agree that the
government shall have an additional fourteen days, up to and
including Friday, September 13, 2019, in which to respond to
Garcia's Motions to Dismiss (“Motions”), ECF
23 and 24. This case is presently set for trial on or about
September 23, 2019, and the brief 14-day extension agreed to
herein will not disturb the trial setting.
stipulation is entered into for the following reasons:
1. The Government's response is presently due on Friday,
August 30, 2019. Counsel for both parties agree to the
above-requested 14-day extension of time for the government
to file its response to the pending Motions. Garcia is in
custody pending trial but the brief 14-day extension will not
disturb the September 2019 trial setting. Counsel for the
defendant has represented that the defense does not oppose
the proposed extension of time for the Government to file its
response to the Motions.
2. Government counsel will be out of the district from August
28, 2019 until September 3, 2019.
3. The Court has scheduled a hearing on the defendant's
request for release on bond on September 3, 2019. The
Court's ruling at that hearing may obviate the need for
pretrial motions practice to move forward.
4. The 14-day extension of time to file the government's
response is not sought merely for purposes of delay. The
additional time requested herein is necessary to allow the
government sufficient time within which to be able to
effectively and thoroughly investigate, research, and respond
appropriately to the Motions. Trial is set for September 23,
2019. The 14-day extension will not disturb the parties'
ability to proceed to trial on that date, and is not unduly
prejudicial to the defense.
5. The parties agree that the government shall have an
additional seven days, up to and including Friday, September
13, 2019, in which to respond to the Motion.
6. Denial of this request for additional time would deny the
parties the opportunity of having continuity of counsel,
taking into account the exercise of due diligence. Further,
denial of this request 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 trial.
7. The additional time requested by this stipulation is
excludable in computing the time within which the trial
herein must commence pursuant to the Speedy Trial Act, Title
18, United States Code, Sections 3161(h)(1)(D), and
3161(h)(7)(A), considering the factors under Title 18, United
States Code, Section 3161(h)(7)(B)(i) and (iv).
the first request to extent the government's time to