Opinion
2:21-cr-00263-EJY-1
04-12-2022
UNITED STATES OF AMERICA, Plaintiff, v. JAVIER ENCINAS, Defendant.
RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 ADEN KEBEDE Assistant Federal Public Defender Attorney for Javier Encinas CHRISTOPHER CHIOU Acting United States Attorney SUPRIYA PRASAD Assistant United States Attorney
RENE L. VALLADARES
Federal Public Defender
Nevada State Bar No. 11479
ADEN KEBEDEAssistant Federal Public Defender
Attorney for Javier Encinas
CHRISTOPHER CHIOU
Acting United States Attorney
SUPRIYA PRASAD
Assistant United States Attorney
STIPULATION TO CONTINUE BENCH TRIAL
(FIRST REQUEST)
IT IS HEREBY STIPULATED AND AGREED, by and between Christopher Chiou, Acting United States Attorney, and Supriya Prasad, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Aden Kebede, Assistant Federal Public Defender, counsel for Javier Encinas, that the bench trial currently scheduled on April 14, 2022, be vacated and continued June 29, 2022.
This Stipulation is entered into for the following reasons:
1. Additional time is needed to resolve the other negotiated cases related to this case. Specifically, a supervised release revocation hearing is currently scheduled for June 7, 2022 in No. 2:16-cr-00261-RCJ-GWF and a sentencing is currently scheduled for June 22, 2022 in No. 2:21-cr-00262-APG-EJY.
2. Additional time is needed to confer and revise the pending plea agreement in this case.
3. Mr. Encinas is in custody and agrees with the need for the continuance.
4. The continuance is not for the purpose of delay and denial of this request would result in a miscarriage of justice.
This is the first request for a continuance of the bench trial.
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. Additional time is needed to resolve the other negotiated cases related to this case. Specifically, a supervised release revocation hearing is currently scheduled for June 7, 2022 in No. 2:16-cr-00261-RCJ-GWF and a sentencing is currently scheduled for June 22, 2022 in No. 2:21-cr-00262-APG-EJY.
2. Additional time is needed to confer and revise the pending plea agreement in this case.
3. Mr. Encinas is in custody and agrees with the need for the continuance.
4. The continuance is not for the purpose of delay and denial of this request would result in a miscarriage of justice.
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 excludable under the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), when the considering the facts under Title 18, United States Code, § 316(h)(7)(B)(iv).
ORDER
IT IS THEREFORE ORDERED that the bench trial currently scheduled on Wednesday, April 13, 2022, at 9:00 a.m., be vacated and continued to June 29, 2022 at the hour of 1:00 p.m., in Courtroom 3A.