Opinion
Case No. 2:12-CR-00109-LDG-PAL
01-17-2013
UNITED STATES OF AMERICA, Plaintiff, v. ALFONSO LOBAS, SABIR PHILIMON, Defendants.
CRISTINA SILVA, ESQ. Assistant United States Attorney Attorney for Plaintiff ATTORNEY FOR DEFENDANT ALFONSO LOBAS BRET O. WHIPPLE LAW OFFICE OF BRET WHIPPLE ATTORNEY FOR DEFENDANT SABIR PHILIMON SARALIENE S. DURRETT, ESQ. CHESNOFF & SCHONFELD SARALIENE S. DURRETT, ESQ Attorney for Defendant Sabir Philimon
AMENDED STIPULATION TO CONTINUE MOTIONS
HEARING AND PROPOSED ORDER
IT IS HEREBY STIPULATED and AGREED by and between Daniel G. Bogden, United States Attorney, Cristina Silva, Assistant United States Attorney, Saraliene S. Durrett, defense counsel for defendant Sabir Philimon, and Bret Whipple, defense attorney for Alfonso Lobas, that the motions hearing currently set for Thursday, January 17, 2013, at 10:00 a.m. be continued to a time convenient to this Court, but in no event sooner than March 4, 2013.
This Stipulation is entered into for the following reasons:
1. The parties are attempting to reach a resolution to this matter prior to the hearing, but they anticipate needing more time to do so;
2. Counsel for defendant Philimon has been in communication with Assistant United States Attorney Cristina Silva and with counsel for Defendant Lobas and there is no objection to the continuance as outlined above;
3. Denial of this request for continuance of the motions hearing will deny the parties of the opportunity to resolve this matter prior to the hearing. Resolving the matter prior to the hearing will eliminate the need for the hearing and will prevent the parties and the Court from spending needless time on the hearing;
4. Additionally, denial of this request would result in a miscarriage of justice;
5. For all the above-stated reasons, the ends of justice would best be served by a continuance of the motions hearing currently set for January 17, 2013, at 10:00 a.m.;
6. The additional time requested in this Stipulation is excludable in computing the time within which the trial must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(D) and 3161(h)(7)(A) when considering the factors under Title 18, United States Code, Sections 3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv). The parties acknowledge that if a resolution is not met prior to the rescheduled hearing date, they may need to seek a continuance of the trial date.
7. This is the first request for continuance of the motions hearing on behalf of the parties.
UNITED STATES ATTORNEY
________________
CRISTINA SILVA, ESQ.
Assistant United States Attorney
Attorney for Plaintiff
ATTORNEY FOR DEFENDANT
ALFONSO LOBAS
________________
BRET O. WHIPPLE
LAW OFFICE OF BRET WHIPPLE
ATTORNEY FOR DEFENDANT
SABIR PHILIMON
________________
SARALIENE S. DURRETT, ESQ.
CHESNOFF & SCHONFELD
UNITED STATES OF AMERICA, Plaintiff,
v.
ALFONSO LOBAS, SABIR PHILIMON, Defendants.
Case No. 2:12-CR-00109-LDG-PAL
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
Based upon the pending Stipulation of counsel, and good cause appearing, the Court finds that:
1. The parties are attempting to reach a resolution to this matter prior to the hearing, but they anticipate needing more time to do so;
2. Counsel for defendant Philimon has been in communication with Assistant United States Attorney Cristina Silva and with counsel for Defendant Lobas and there is no objection to the continuance as outlined above;
3. Denial of this request for continuance of the motions hearing will deny the parties of the opportunity to resolve this matter prior to the hearing. Resolving the matter prior to the hearing will eliminate the need for the hearing and will prevent the parties and the Court from spending needless time on the hearing;
4. Additionally, denial of this request would result in a miscarriage of justice;
5. For all the above-stated reasons, the ends of justice would best be served by a continuance of the motions hearing currently set for January 17, 2013, at 10:00 a.m.;
6. The additional time requested in this Stipulation is excludable in computing the time within which the trial must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(1)(D) and 3161(h)(7)(A) when considering the factors under Title 18, United States Code, Sections 3161(h)(7)(B)(i) and 3161(h)(7)(B)(iv). The parties acknowledge that if a resolution is not met prior to the rescheduled hearing date, they may need to seek a continuance of the trial date; and
7. This is the first request for continuance of the motions hearing on behalf of the parties.
ORDER
IT IS HEREBY ORDERED that the motions hearing currently set for January 17, 2013, at the hour of 10:00 a.m., in Courtroom 3B, is hereby VACATED and RESET for the 5th day of March , 2013, at the hour of ________________.m.
________________
THE HONORABLE PEGGY LEEN
UNITED STATES MAGISTRATE JUDGE
Submitted by: CHESNOFF & SCHONFELD ________________
SARALIENE S. DURRETT, ESQ.
Attorney for Defendant
Sabir Philimon