United States District Court, D. Nevada
KENT, ESQ. SPECIAL ASSISTANT UNITED STATES ATTORNEY ATTORNEY
R. SHEETS, ESQ. ATTORNEY FOR DEFENDANT
STIPULATION TO CONTINUE TRIAL DATE
WEKSLER UNITED STATES MAGISTRATE JUDGE
HEREBY STIPULATED AND AGREED, by and between Rachel Kent,
Special Assistant United States Attorney, counsel for the
United States of America, and Damian R. Sheets, Esq., counsel
for defendant, ROY PHILLIPS, that the trial presently
scheduled for December 11, 2019, be continued to a time
convenient for the court.
Stipulation is entered into for the following reasons:
1. As part of the investigation in this case, Defense Counsel
has recently been retained and is in the process of
collecting discovery. After examining such, it is possible
that there may be a need to file pre-trial motions or
supplements to existing motions.
2. Counsel for the United States and Defendant are in active
negotiations and require more time to present and consider
offers of resolution.
3. Defense Counsels will not have sufficient and adequate
time to effectively and thoroughly prepare for trial and
present an appropriate defense in the above-captioned matter
on the date currently set for trial.
4. Counsel for the Government has been advised that Defense
Counsel requires additional time to conduct additional
investigation in the matter.
5. Denial of this request for continuance would deny Defense
Counsel sufficient time, on the date currently set for trial,
taking into account the exercise of due diligence.
6. Furthermore, denial of this request for continuance could
result in a miscarriage of justice.
7. Defendant is currently out of custody and is not opposed
to the continuance.
8. This is the first request for a continuance by the current
Defense Counsel, after having substituted in as counsel of
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), considering the factors