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United States v. George

United States District Court, D. Nevada

November 4, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
STEPHANIE GEORGE et al, Defendants.

          STIPULATION TO CONTINUE PRELIMINARY EXAMINATION

          THE HONORABLE NANCY J. KOPPE UNITED STATES MAGISTRATE JUDGE

         IT IS HEREBY STIPULATED AND AGREED, by and between, the United States of America, through the undersigned, Margaret W. Lambrose, Esq., Counsel for Defendant STEPHANIE GEORGE, Dustin R. Marcello, Esq., Counsel for Defendant CHIVAS GRAVES, and David R. Fischer, Esq., Counsel for Defendant MONTRIE LEDFORD, that the Preliminary Examination Hearings currently scheduled for Wednesday, November 13, 2019, be continued for no less than sixty (60) days. This stipulation is entered into for the following reasons:

1. Counsel for defendant GEORGE spoke with GEORGE, who is out of custody, and GEORGE has no objection to the request for continuance;
2. Counsel for defendant CHRTAS spoke with CHIVAS, who is in custody, and CHIAVAS has no objection to the request for continuance;
3. Counsel for defendant LEDFORD spoke with LEDFORD, who is out of custody, and LEDFORD has no objection to the request for continuance;
4. As indicated below, counsel for the United States has no objection to the request for continuance;
5. Counsel for the government was recenty assigned the case following the departure of previous counsel and will need additional time to review discovery;
6. Counsel for defendant CHIVAS has requested a pre-plea PSR to determine a probable criminal history category as is awating the production of that report.
7. The additional time requested herein is not sought for the purposes of delay, but to allow all counsel sufficient time to effectively and thoroughly research and prepare;
8. Denial of this request for continuance could result in a miscarriage of justice;
9. Denial of this request for continuance would deny undersigned counsel sufficient time to effectively and thoroughly prepare, taking into account the exercise of due diligence;
10. The additional time requested is excludable in computing the time within which trial must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(D) and Title 18, United States Code, Section 3161(h)(7)(A) considering the factors in Title 18, United States Code, Sections 3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv);
11. This is the fourth request for a continuance filed herein.

         WHEREFORE, for the foregoing reasons, the ends of justice would best be served by a continuance of the preliminary hearings for no less than sixty ...


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