Opinion
2:17-mj-271-GWF-1
10-12-2017
UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA RAY FISHER, Defendant.
ORDER
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that: 1. The parties have initiated discussions regarding resolving the case pre-indictment. Additional time is needed to discuss any potential resolution. 2. The parties agree to the continuance. 3. Defendant FISHER is incarcerated, but does not object to the continuance. 4. Additionally, denial of this request for continuance could result in a miscarriage of justice. 5. The additional time requested herein is not sought for purposes of delay, but to allow for a potential pre-indictment resolution of the case. 6. The additional time requested by this stipulation, is allowed, with the defendant's consent under the Federal Rules of Procedure 5.1(d). 7. This is the fourth request for a continuation of the preliminary hearing.
For all of the above-stated reasons, the ends of justice would best be served by a continuance of the preliminary hearing date.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public and the defendants, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein to potentially resolve the case prior to indictment, and further would deny the parties sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for the preliminary hearing, taking into account the exercise of due diligence.
The continuance sought herein is allowed, with the defendants' consent, pursuant to Federal Rules of Procedure 5.1(d).
ORDER
IT IS THEREFORE ORDERED that the preliminary hearing currently scheduled for October 16, 2017, at the hour of 4:00 pm, be vacated and continued to November 30, 2017 at the hour of 4:00 am/pm. DATED 12th day of October, 2017.
/s/_________
THE HONORABLE GEORGE W. FOLEY
UNITED STATES MAGISTRATE JUDGE