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United States v. Phillips

United States District Court, D. Nevada

January 16, 2020

UNITED STATES OF AMERICA, Plaintiff,
v.
ROY PHILLIPS, Defendant

          RACHEL KENT, ESQ. Assistant United States Attorney Attorney for Plaintiff

          DAMIAN R. SHEETS, ESQ. Attorney for Defendant

          STIPULATION TO CONTINUE TRIAL DATE (FOURTH REQUEST)

          BRENDA WEKSLER UNITED STATES MAGISTRATE JUDGE.

         IT IS HEREBY STIPULATED AND AGREED, by and between Rachel Kent, 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 January 15, 2020, be continued to a time convenient for the court.

         This Stipulation is entered into for the following reasons:

1. As part of the investigation in this case, Defense Counsel is continuing to collect and examine 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 by Defense counsel that, after conferring with their clients, they may want to file pre-trial motions and will need an extension of time to beyond the currently scheduled motion cutoff dates.
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 second request for a continuance by the current Defense Counsel, after having substituted in for the previous.

         The 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 under ...


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