Opinion
2:21-cr-00225-GMN-NJK
04-25-2022
UNITED STATES OF AMERICA, Plaintiff, v. MAURICE HOLMES, Defendant.
ORDER GRANTING
STIPULATION TO EXTEND
PRE-TRIAL MOTIONS DEADLINE
(First Request)
NANCY J. KOPPO, UNITED STATES MAGISTRATE JUDGE
IT IS HEREBY STIPULATED AND AGREED by MAURICE HOLMES, by and through his attorney, THOMAS A. ERICSSON, ESQ., of Oronoz & Ericsson, LLC, and the UNITED STATES OF AMERICA, by and through KENNETH NICHOLAS PORTZ, ESQ., Assistant United States Attorney, to vacate the current deadline for filing Pre-Trial Motions of April 22, 2022, and extend the deadline for thirty (30) days, to Monday, May 23, 2022.
The Stipulation is entered into for the following reasons:
1. Thomas A. Ericsson, Esq., was only recently appointed as counsel for Defendant MAURICE HOLMES on April 4, 2022.
2. Counsel for the Defendant needs additional time to conduct investigation in this case in order to determine whether there are any pretrial issues that must be litigated.
3. The Defendant is in custody and does not object to the requested extension.
4. The Parties agree to the continuance.
5. The additional time requested herein is not sought for purposes of undue delay.
6. Additionally, denial of this request to extend pre-trial motion deadline could result in a miscarriage of justice. The additional time requested by this Stipulation is excludable 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).
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds:
1. Thomas A. Ericsson, Esq., was only recently appointed as counsel for Defendant MAURICE HOLMES on April 4, 2022.
2. Counsel for the Defendant needs additional time to conduct investigation in this case in order to determine whether there are any pretrial issues that must be litigated.
3. The Defendant is in custody and does not object to the requested extension.
4. The Parties agree to the continuance.
5. The additional time requested herein is not sought for purposes of undue delay.
6. Additionally, denial of this request to extend pre-trial motion deadline could result in a miscarriage of justice. The additional time requested by this Stipulation is excludable 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).
ORDER
IT IS THEREFORE ORDERED that deadline to file pretrial motions currently set for April 22, 2022, is vacated and continued until May 23, 2022.