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United States v. Reyes-Alas

United States District Court, D. Nevada

October 2, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
JAVIER REYES-ALAS, Defendant.

          RENE 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

          ORDER

          HONORABLE CAM FERENBACH UNITED STATES MAGISTRATE JUDGE.

         IT IS 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:

         1. On 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.

         2. The 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 thirty days.

         3. The defendant is incarcerated and does not object to the continuance.

         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 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 preliminary hearing.

         6. This is the third stipulation to continue the preliminary hearing filed herein.

         Finding of Fact, Conclusion of Law And Order

         FINDINGS ...


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