Opinion
2:22-mj-00726-BNW-1
10-17-2022
UNITED STATES OF AMERICA, Plaintiff, v. SHAVONTE HILL, Defendant.
RENE L. VALLADARES Federal Public Defender State Bar No. 11479 NAVID AFSHAR Assistant Federal Public Defender Attorney for Shavonte Hill
RENE L. VALLADARES Federal Public Defender State Bar No. 11479 NAVID AFSHAR Assistant Federal Public Defender Attorney for Shavonte Hill
STIPULATION TO EXTEND DEADLINES TO CONDUCT PRELIMINARY HEARING AND FILE INDICTMENT
(FIRST REQUEST)
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Kimberly M. Frayn, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Navid Afshar, Assistant Federal Public Defender, counsel for Shavonte Hill, that the Preliminary Hearing currently scheduled on October 25, 2022, be vacated and continued to a date and time convenient to the Court, but no sooner than forty-five (45) days. This request requires that the Court extend two deadlines: (1) that a preliminary hearing be conducted within 14 days of a detained defendant's initial appearance, see Fed. R Crim P. 5.1(c); and (2) that an information or indictment be filed within 30 days of a defendant's arrest, see 18 U.S.C. § 3161(b).
This Stipulation is entered into for the following reasons:
1. Defense counsel needs to receive discovery and have an opportunity to review for any relevant legal issues.
2. Counsel for government has scheduling conflict.
3. The defendant is in custody and agrees with the need for the continuance.
4. Under Federal Rule of Criminal Procedure 5.1(c), the Court “must hold the preliminary hearing within a reasonable time, but no later than 14 days after the initial appearance if the defendant is in custody.......”
5. However, under Rule 5.1(d), “[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 in Rule 5.1(c) one or more time........”
6. Furthermore, under the Speedy Trial Act, 18 U.S.C. § 3161(b), “[a]ny information or indictment charging an individual with the commission of an offense shall be filed within thirty days from the date on which such individual was arrested or served with a summons in connection with such charges.”
7. Accordingly, the parties jointly requires that the Court schedule the preliminary hearing in this case no sooner than 45 days from today's date.
8. Defendant is in custody and agrees to the extension of the 14-day deadline imposed by Rule 5.1(c) and waives any right to remedies under Rule 5.1(c) or 18 U.S.C. § 3161(b), provided that the information or indictment is filed on or before the date ordered pursuant to this stipulation.
9. The parties agree to the extension of that deadline.
10. Accordingly, the additional time requested by this stipulation is allowed under Federal Rule of Criminal Procedure 5.1(d).
11. In addition, the parties stipulate and agree that the time between today and the scheduled preliminary hearing is excludable in computing the time within which the defendant must be indicted and the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(b) and (h)(7)(A), considering the factors under 18 U.S.C. § 3161(h)(7)(B)(i) and (iv).
12. This is the first request for an extension of the deadlines by which to conduct the preliminary hearing and to file an indictment.
DATED this 17th day of October, 2022.
ORDER ON STIPULATION TO EXTEND DEADLINES TO CONDUCT PRELIMINARY HEARING AND FILE INDICTMENT
Based on the stipulation of counsel, good cause appearing, and the best interest of justice being served; the time requested by this stipulation being excludable in computing the time within which the defendants must be indicted and the trial herein must commence pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(b) and (h)(7)(A), and Federal Rule of Criminal Procedure 5.1, considering the factors under 18 U.S.C. § 3161(h)(7)(B)(i) and (iv):
IT IS HEREBY ORDERED that the preliminary hearing currently scheduled for Tuesday, October 25, 2022 at 4:00 p.m., be vacated and continued to December 9 2022 at 3:00 p.m.