United States District Court, D. Nevada
L. VALLADARES, Federal Public Defender.
MARGARET W LAMBROSE, Assistant Federal Pubhc Defender.
NICHOLAS A. TRUTANICH, United States Attorney.
KIMBERLY M. FRAYN Assistant United States Attorney
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 October 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 thirty (30)
days for the following reasons:
or about May 24, 2019, Reyes appeared on the complaint and
was detained pending a preliminary hearing, which is
currently scheduled for October 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.
parties have agreed to continue the preliminary hearing date
for at least thirty days because the parties seem to have
negotiated a pre-hearing agreed plea resolution that will
obviate the need for a preliminary hearing. Additional time
is needed to memorialize this agreement in writing, and
provide defense counsel sufficient time to review the plea
agreement with the defendant. Failing the defendant's
execution of the written plea agreement, 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
defendant is incarcerated and does not object to the
parties agree to the continuance.
additional time requested herein is not sought for purposes
of delay, but merely to allow the parties sufficient time to
attempt to resolve this matter without having to conduct a
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
is the third stipulation to continue the preliminary hearing
of Fact, Conclusion of Law And Order