United States District Court, D. Nevada
NICHOLAS A. TRUTANICH United States Attorney District of
Nevada Nevada Bar Number 13644 LINDA MOTT Assistant United
States Attorney Representing the United States of America
MARGARET LAMBROSE Counsel for Defendant Randy Carter
STIPULATION TO CONTINUE RESPONSE TO MOTION TO DISMISS
OR ALTERNATIVELY MOTION TO SUPPRESS EVIDENCE (ECF 26) (FIRST
RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE
HEREBY STIPULATED AND AGREED, by and between the United
States hereby motions, by and between Nicholas A. Trutanich,
United States Attorney, and Linda Mott, Assistant United
States Attorney, counsel for the United States of America,
and Rene L. Valladares, Federal Public Defender, and Maggie
Lambrose, Assistant Federal Public Defender, that the
deadline of August 26, 2019, for the government to file its
Response be extended for an additional day to August 27,
Stipulation is entered into for the following reasons:
Motion to Dismiss or Alternatively Motion to Suppress
Evidence (ECF 26) was filed on August 12, 2019. Counsel for
the government is investigating the numerous claims that were
raised in Defendant's motion, specifically the time at
which officers arrived on scene.
Counsel for the government requests the additional day to
further investigate the claims and, if so needed, bring any
issues to the attention of supervisors.
additional time requested herein is not sought for purposes
of delay, but to allow counsel for both the government and
defense to prepare for any evidentiary hearing, and to
further discuss any possible resolution to the case.
defendant is in custody and agrees to the additional one day.
Additionally, denial of this request for continuance could
result in a miscarriage of justice. 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, Section
3161(h)(7)(A), when considering the factors under Title 18,
United States Code, Section 3161(h)(7)(B)(i) and 3161
(h)(7)(B)(iv). In addition, the continuance sought is not for
delay and the ends of justice are in fact served by the
granting of such continuance which outweigh the best interest
of the public and the defendant in a speedy trial.
is the first stipulation to continue filed herein.
OF FACT, CONCLUSIONS OF LAW AND ORDER
on the pending stipulation of counsel, and good cause