Opinion
2:23-mj-00877-DJA
10-26-2023
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT GEORGE BEANE, Defendant.
JASON M. FRIERSON United States Attorney Nevada Bar No. 7709 MINA CHANG Assistant United States Attorney RENE L. VALLADARES Federal Public Defender BRIAN PUGH Assistant Federal Public Defender Counsel for Robert George Beane
JASON M. FRIERSON United States Attorney Nevada Bar No. 7709
MINA CHANG Assistant United States Attorney
RENE L. VALLADARES Federal Public Defender
BRIAN PUGH Assistant Federal Public Defender Counsel for Robert George Beane
ORDER TO CONTINUE PRELIMINARY HEARING (FIRST REQUEST)
HONORABLE DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
It is hereby stipulated and agreed, by and between Jason M. Frierson, United States Attorney, and Mina Chang, Assistant United States Attorney, and Rene L. Valladares, Federal Public Defender, and Brian Pugh, Assistant Public Defender, counsel for Defendant Robert George Beane, that the preliminary hearing in the above-captioned matter, previously scheduled for November 1, 2023, at 4:00 p.m., be vacated and continued until a time convenient to the Court, but no earlier than 60 days from the current setting.
1. Federal Rule of Criminal Procedure Rule 5.1(d) provides that “[w]ith the defendant's consent and upon a showing of good cause-taking into account the public interest in the prompt disposition of criminal cases-a magistrate judge may extend the time limits [for preliminary hearings] one or more times.” Here, the parties wish to explore a pre-indictment resolution.
2. In that regard, the government will be providing defense counsel with limited Rule 16 discovery in order to facilitate pre-indictment resolution. Defense counsel requires additional time to review the discovery and discuss the case with his client prior to a preliminary hearing or indictment.
3. This continuance is not sought for the purposes of delay, but to allow defense counsel an opportunity to examine the merits of this case before a potential resolution can be reached between the parties.
4. Counsel for defendant and the government agree to the continuance.
5. Defendant is not in custody and agrees to the continuance.
6. Denial of this request could result in a miscarriage of justice, and the ends of justice served by granting this request outweigh the best interest of the public and the defendant in a speedy trial.
7. The additional time requested by this stipulation is excludable in computing the time within which indictment must be filed pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(b), and considering the factors under 18 U.S.C. § 3161(h)(7)(A) and (B)(i) and (iv).
FINDINGS AND ORDER
Based on the pending Stipulation between the defense and the government, and good cause appearing therefore, the Court hereby finds that:
1. The parties desire to continue the preliminary hearing to facilitate pre-indictment resolution, and the government will be providing defendant with limited Rule 16 discovery for that purpose. Defense counsel will need additional time to review the discovery and discuss the case with his client prior to a preliminary hearing or indictment. The Court finds good cause to continue the hearing to allow the parties to reach a pre-indictment resolution.
2. Counsel for defendant and the government agree to the continuance.
3. Defendant is not in custody and agrees to the continuance.
4. The continuance is not sought for the purposes of delay, but to allow defense counsel an opportunity to examine the merits of this case before a potential resolution can be reached between the parties.
5. Denial of this request could result in a miscarriage of justice, and the ends of justice served by granting this request outweigh the best interest of the public and the defendant in a speedy trial.
6. The additional time requested by this stipulation is excludable in computing the time within which indictment must be filed pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(b), and considering the factors under 18 U.S.C. § 3161(h)(7)(A) and (B)(i) and (iv).
THEREFORE, IT IS HEREBY ORDERED that the preliminary hearing in the above-captioned matter currently scheduled for November 1, 2023, at 4:00 p.m. be vacated and continued to January 8, 2024, at 4:00 p.m., Courtroom 3A.