Opinion
2:21-mj-00553-BNW
01-26-2022
UNITED STATES OF AMERICA, Plaintiff, v. MOHAMED MUHINA, Defendant.
RENE L. VALLADARES CHRISTOPHER CHIOU REBECCA A. LEVY SUPRIYA PRASAD
RENE L. VALLADARES
CHRISTOPHER CHIOU
REBECCA A. LEVY
SUPRIYA PRASAD
STIPULATION TO CONTINUE PRELIMINARY HEARING
(Fifth 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 Stated of America, and Rene L. Valladares, Federal Public Defender, and Rebecca A. Levy, Assistant Federal Public Defender, counsel for Mohamed Muhina, that the Preliminary Hearing currently scheduled on January 27, 2022, at 2:00 p.m., be vacated and continued to a time convenient to the Court but no sooner than forty-five (45) days.
This Stipulation is entered into for the following reasons:
1. The Government has provided a plea agreement to the defendant; additional time is needed to receive the signed plea and finalize the entry of the plea.
2. The Defendant is in custody and does not object to the continuance.
3. The parties agree to the continuance.
4. Additionally, denial of this request for continuance could result in a miscarriage of justice.
5. The additional time requested by this stipulation 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 3161(h)(8)(A), considering the factors under 18 U.S.C. § 3161(h)(8)(B)(i) and (iv).
This is the fifth request for continuance filed herein.
ORDER
Based on the Stipulation of counsel, good cause appearing therefore:
IT IS HEREBY ORDERED that the Preliminary Hearing currently scheduled on Thursday, January 27, 2022, at the hour of 2:00 p.m., be vacated and continued to March 15, 2022 at the hour of 3:30 p.m.