Opinion
2:19-cr-00149-JAD-EJY
01-10-2022
UNITED STATES OF AMERICA, Plaintiff, v. MELVIN DILLON, and ROBERT DILLON, Defendants.
Christopher R. Oram, Esq. Attorney for Melvin Dillon Kimberly Sokolich, Esq. Attorney for the United States of America Richard A. Wright, Esq. Attorney for Robert Dillon
Christopher R. Oram, Esq. Attorney for Melvin Dillon
Kimberly Sokolich, Esq. Attorney for the United States of America
Richard A. Wright, Esq. Attorney for Robert Dillon
STIPULATION TO EXTEND PRETRIAL MOTION DEADLINE (FIRST REQUEST)
IT IS HEREBY STIPULATED AND AGREED by MELVIN DILLON, by and through his attorney, CHRISTOPHER R. ORAM, ESQ., ROBERT DILLON, by and through his attorney, RICHARD A. WRIGHT, ESQ., and the United States of America, by and through KIMBERLY SOKOLICH, ESQ., Assistant United States Attorney, that the pretrial motion deadline, currently scheduled for January 7, 2021, be extended for a period of fourteen (14) days, until January 21, 2022.
The request for a continuance is based upon the following:
1. Defense Counsel for Melvin Dillon has tested positive for COVID-19 and requests this extension to allow him to recover before finalizing any plans regarding pretrial motions.
2. The parties agree to the continuance.
3. Defendant Melvin Dillon is in custody, and he does not oppose the requested continuance.
4. Defendant Robert Dillon is in custody, and he does not oppose the requested continuance.
5. The additional time requested herein will not affect the currently scheduled trial date. The additional time requested by this stipulation is excludable in computing the time within which a trial must commence pursuant to the Speedy Trial Act under 18 U.S.C. § 3161(h)(1)(D) and 3161(h)(7)(A), and 18 U.S.C. § 3161(h)(7)(B)(i) and (iv).
6. The additional time requested herein is not sought for purposes of delay.
7. Additionally, denial of this request for continuance could result in a miscarriage of justice and would deny Defense Counsel for Melvin Dillon sufficient time to prepare and submit any pretrial motions effectively, taking into account the exercise of due diligence.
ORDER
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds:
1. Defense Counsel for Melvin Dillon has tested positive for COVID-19 and requests this extension to allow him to recover before finalizing any plans regarding pretrial motions.
2. The parties agree to the continuance.
3. Defendant Melvin Dillon is in custody, and he does not oppose the requested continuance.
4. Defendant Robert Dillon is in custody, and he does not oppose the requested continuance.
5. The additional time requested herein will not affect the currently scheduled trial date. The additional time requested by this stipulation is excludable in computing the time within which a trial must commence pursuant to the Speedy Trial Act under 18 U.S.C. § 3161(h)(1)(D) and 3161(h)(7)(A), and 18 U.S.C. § 3161(h)(7)(B)(i) and (iv).
6. The additional time requested herein is not sought for purposes of delay.
7. Additionally, denial of this request for continuance could result in a miscarriage of justice and would deny Defense Counsel for Melvin Dillon sufficient time to prepare and submit any pretrial motions effectively, taking into account the exercise of due diligence.
CONCLUSION OF LAW
This Court has the authority to grant the parties' stipulation pursuant to Federal Rule of Criminal Procedure 45, which states that when an act must be done within a specified period, the Court may extend the time based on a party's motion made before the originally prescribed time expires. Fed. R. Crim. P. 45(b)(1)(B).
ORDER
IT IS THEREFORE ORDERED that the pretrial motion deadline currently scheduled for January 7, 2022, be extended to the 21st day of January, 2022.