Opinion
2:20-cr-00212-RFB-BNW
11-16-2022
RENE L. VALLADARES Federal Public Defender BRIAN PUGH JASON M. FRIERSON United States Attorney ERIC C. SCHMALE Assistant United States Attorney
RENE L. VALLADARES
Federal Public Defender
BRIAN PUGH
JASON M. FRIERSON
United States Attorney
ERIC C. SCHMALE
Assistant United States Attorney
STIPULATION TO CONTINUE EVIDENTIARY HEARING (SECOND REQUEST)
RICHARDF.BOULWARE, II, DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Jason Frierson, United States Attorney, and Eric C. Schmale, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, Brian Pugh, Assistant Federal Public Defender, counsel for Maria Magdalena Mendoza, that the evidentiary hearing currently scheduled for November 30, 2022 at 9:00 a.m., be vacated and set to a date and time convenient to this Court, but no sooner than sixty (60) days.
The Stipulation is entered into for the following reasons:
1. The parties are trying to resolve the case through negotiations and are investigating factual issues relevant to the terms of the proposed plea agreement. Under the proposed plea agreement, Ms. Mendoza would waive her right to pursue any pretrial motions that have been or could be filed, including her motion to suppress.
2. Counsel for the defense is on annual leave on the date of the hearing.
3. The parties request additional time to complete negotiations and resolve the case by plea agreement.
4. The parties agree to the continuance.The defendant is not incarcerated and does not object to the continuance. This is the second stipulation to continue filed herein.
ORDER
IT IS THEREFORE ORDERED that the evidentiary hearing currently scheduled for November 30, 2022, at the hour of 9:00 a.m., be vacated and continued to February 1, 2023 at the hour of 9:00 a.m.