Opinion
2:15-cr-305-GMN-GWF 2:14-cr-353-GMN-GWF
07-10-2023
UNITED STATES OF AMERICA Plaintiff, v. SALEUMKIAT KAYARATH, et al. Defendant.
RICHARD A. SCHONFELD, ESQ. Nevada Bar No. 6815 CHESNOFF & SCHONFELD Attorney for Defendant, SALEUMKIAT KAYARATH UNITED STATES ATTORNEY DAVID C. KIEBLER, AUSA Attorney for Plaintiff CHESNOFF & SCHONFELD RICHARD A. SCHONFELD, ESQ Attorney for Defendant, Saleumkiat Kayarath RICHARD A. SCHONFELD, ESQ. Nevada Bar No. 6815 Attorney for Defendant
RICHARD A. SCHONFELD, ESQ. Nevada Bar No. 6815 CHESNOFF & SCHONFELD Attorney for Defendant, SALEUMKIAT KAYARATH
UNITED STATES ATTORNEY DAVID C. KIEBLER, AUSA Attorney for Plaintiff
CHESNOFF & SCHONFELD RICHARD A. SCHONFELD, ESQ Attorney for Defendant, Saleumkiat Kayarath
RICHARD A. SCHONFELD, ESQ. Nevada Bar No. 6815 Attorney for Defendant
STIPULATION TO CONTINUE THE HEARING RE REVOCATION OF SUPERVISED RELEASE SCHEDULED FOR JULY 26, 2023 AT 9:00 A.M.
GLORIA M. NAVARRO UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between the United States of America, by and through Assistant United States Attorney David C. Kiebler, Esq., and Defendant, SALEUMKIAT KAYARATH, by and through his attorney Richard A. Schonfeld, Esq., that the Revocation of Supervised Release Hearing currently scheduled for July 26, 2023, in this matter be vacated and continued for ninety [90] days to a time and date convenient to this Honorable Court, not prior to October 26, 2023.
This Stipulation is entered into for the following reasons:
1. The parties have met and conferred and believe that for judicial economy purposes the revocation proceedings should be continued for a period of 90 days so that the case of State of Nevada v. Kayarath C-23-374424-1, which forms the basis for the highest level violation in the Petition, can proceed to disposition.
2. That Counsel for Defendant has been in communication with Assistant United States Attorney David C. Kiebler and there is no objection to the continuance as outlined above;
3. The Defendant consents to the continuance being sought herein;
4. Additionally, denial of this request for continuance would result in a miscarriage of justice;
5. The additional time requested in this Stipulation is excludable in computing the time within which the trial must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Sections 3161(h)(1)(D) and 3161(h)(7)(A) when considering the factors under Title 18, United States Code, Sections 3161(h)(7)(B)(I) and 3161(h)(7)(B)(iv);
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
Having considered the Stipulation of the Parties, and good cause being shown, the Court hereby finds and Orders as follows:
1. The parties have met and conferred and believe that for judicial economy purposes the revocation proceedings should be continued for a period of 90 days so that the case of State of Nevada v. Kayarath C-23-374424-1, which forms the basis for the highest level violation in the Petition, can proceed to disposition;
2. That Counsel for Defendant has been in communication with Assistant United States Attorney David C. Kiebler and there is no objection to the continuance as outlined above;
3. The Defendant consents to the continuance being sought herein;
4. Additionally, denial of this request for continuance would result in a miscarriage of justice;
5. The additional time requested in this Stipulation is excludable in computing the time within which the trial must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Sections 3161(h)(1)(D) and 3161(h)(7)(A) when considering the factors under Title 18, United States Code, Sections 3161(h)(7)(B)(I) and 3161(h)(7)(B)(iv);
....
IT IS THEREFORE ORDERED that the Revocation of Supervised Release Hearing currently scheduled for July 26, 2023 at the hour of 9:00 a.m. be continued to 10/31/2023 at 9 ATM
IT IS SO ORDERED.