Opinion
2:20-mj-00709-BNW-1
01-21-2022
UNITED STATES OF AMERICA, Plaintiff, v. SHEENA ELKIND, Defendant.
GABRIEL L. GRASSO, P.C. Counsel for SHEENA ELKIND. CHRISTOPHER CHIOU Acting United States Attorney By Edward G. Veronda.
GABRIEL L. GRASSO, P.C. Counsel for SHEENA ELKIND.
CHRISTOPHER CHIOU Acting United States Attorney By Edward G. Veronda.
STIPULATION TO CONTINUE PRELIMINARY EXAMINATION DATE
IT IS HEREBY STIPULATED AND AGREED, by and between Christopher Chiou, Acting United States Attorney, District of Nevada, and Edward G. Veronda, Assistant United States Attorney, counsel for the United States of America, and Gabriel L. Grasso, Esq, counsel for SHEENA ELKIND, that the Preliminary Examination hearing currently scheduled for January 27, 2021 at 10:00 a.m., be vacated and set to a date and time convenient to this court but no sooner than ninety (90) days.
The Stipulation is entered into for the following reasons:
1. Following continued investigation by both parties to this matter, plea negotiations are continuing and will require the additional requested time to resolve.
2. Ms. ELKIND is on Pretrial Release and does not object to the continuance.
3. The parties agree to the continuance.
4. The additional time requested herein is not sought for purposes of delay, but merely to allow counsel for defendant sufficient time within which to be able to effectively and complete investigation of the discovery materials provided.
5. Denial of this request for continuance would result in a miscarriage of justice.
6. The additional time requested by this Stipulation is excusable 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 Title 18, United States Code, Section 3161(h)(7)(B)(i), (iv).
7. This is the eleventh request for a continuance of the preliminary hearing date in this case.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. Plea negotiations are continuing and will require the additional requested time to resolve
2. Ms. ELKIND is on Pretrial Release and does not object to the continuance.
3. The parties agree to the continuance.
4. The additional time requested herein is not sought for purposes of delay, but merely to allow counsel for defendant sufficient time within which to be able to effectively and complete investigation of the discovery materials provided.
5. Denial of this request for continuance would result in a miscarriage of justice.
6. The additional time requested by this Stipulation is excusable 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 Title 18, United States Code, Section 3161 (h)(7)(B)(i), (iv).
7. This is the eleventh request for a continuance of the preliminary hearing date in this case.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for trial, taking into account the exercise of due diligence.
The continuance sought herein is excusable under the Speedy Trial Act, Title 18, United States Code, Section § 3161 (h)(7)(A), when the considering the factors under Title 18, United States Code, § 3161 (h)(7)(B)(i), (iv).
ORDER
IT IS THEREFORE ORDERED that the Preliminary Examination hearing currently scheduled for January 27, 2022 at 1:00 p.m. be vacated and continued to April 28, 2022 at 10:00 a.m.