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United States v. Wilson

United States District Court, D. Nevada

November 18, 2019

UNITED STATES OF AMERICA, Plaintiff,
v.
PIUS SUSHIL WILSON, Defendant.

          TODD A. SPODEK, ESQ. New York Bar No.: 4489399 SPODEK LAW GROUP P.C. Attorney for Defendant Pius Wilson

          NICHOLAS A. TRUTANICH United States Attorney David Jaffe Chief, Organized Crime and Gang Section Department of Justice, Criminal Division Counsel for Plaintiff

          STIPULATION TO CONTINUE HEARING AS TO DEFENDANT PIUS WILSON'S CHANGE OF PLEA (ECF NO.: 598) (FIRST REQUEST)

          HONORABLE JAMES C. MAHAN SENIOR UNITED STATES DISTRICT JUDGE

         IT IS HEREBY STIPULATED by and between Nicholas A. Trutanich, United States Attorney, and Chad W. McHenry, Trial Attorney, Organized Crime and Gang Section, Department of Justice Criminal Division, Counsel for the United States of America; and Todd A. Spodek, Esq., counsel for PIUS SUSHIL WILSON, that the hearing as to Defendant Wilson's Change of Plea, scheduled for November 18, 2019 at 10:00 AM be continued to December 3, 2019 at 10:00 AM, or to a date and time to be set by this Honorable Court. This Honorable Court. This is the first request for a continuance as to this matter. This Stipulation is entered into based on the following:

         1. Defense counsel was on medical leave from August 26, 2019 until the first week of November, and is unable to make himself available within the state of Nevada on November 18, 2019, the current hearing date, and until December 3, 2019;

         2. Counsel has conferred with his client, Defendant PIUS SUSHIL WILSON, who was released on a personal recognizance bond pending trial, and does not object to the brief continuance;

         3. Counsel for the Government consents to the continuance, and the continued hearing date.

         4. Pursuant to 18 U.S.C. § 3161(h)(1)(H), and by analogy if this is construed as any delay reasonably attributed to defense counsel's unavailability, the date from the unavailability until the Change of Plea Hearing is excluded in computing the time within which the trial of any such offense must commence;

         5. The additional time requested by this stipulation is excludable in computing the time within the trial herein must commence pursuant to the Speedy Trial Act, specifically, 18 U.S.C. § 3161(h)(1)(H), (h)(7)(A) and (h)(7)(B)(i). Denial of this brief request for a continuance would result in a miscarriage of justice, taking into account the exercise of due diligence.

         6. For all the above-stated reasons, the ends of justice would be best served by a brief continuance of the hearing on Defendant WILSON's Change of Plea.

         FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER THEREON

         FINDINGS OF FACT

         Based on the pending Stipulation of the parties, and good cause appearing therefore, the Court finds that:

         1. Counsel for Defendant WILSON was on medical leave from August 26, 2019 until the first week of November, and is unable to make himself available within the state of Nevada on November ...


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