Opinion
2:21-cr-00158-RFB-DJA
07-05-2023
UNITED STATES OF AMERICA, Plaintiff, v. STEVIE NELON, Defendant.
RENE L. VALLADARES Federal Public Defender NAVID AFSHAR Assistant Federal Public Defender JASON M. FRIERSON United States Attorney ALLISON REESE Assistant United States Attorney
RENE L. VALLADARES
Federal Public Defender
NAVID AFSHAR
Assistant Federal Public Defender
JASON M. FRIERSON
United States Attorney
ALLISON REESE
Assistant United States Attorney
STIPULATION TO CONTINUE BRIEFING SCHEDULE
(FIFTH REQUEST)
HONORABLE RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Allison Reese, 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 Stevie Nelon, that the simultaneous briefing related to the evidentiary hearing of January 31, 2023, currently due on June 30, 2023, be vacated and continued to July 15, 2023.
This Stipulation is entered into for the following reasons:
1. The parties have worked diligently on this matter but due to an unexpected medical concern, defense counsel needs additional time to finalize, as well as to coordinate with his client before filing.
2. As a result of the above stated medical matter, defense counsel will be out of the jurisdiction and will finalize this matter for the Court's review.
3. The defendant is not in custody and agrees with the need for the continuance.
4. The parties agree to the continuance.
5. The parties do not anticipate any further requests for a continuance.
6. Additionally, denial of this request for continuance 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).
This is the fifth request to continue the briefing schedule for the simultaneous briefing ordered by the Court.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. The parties have worked diligently on this matter but due to an unexpected medical concern, defense counsel needs additional time to finalize, as well as to coordinate with his client before filing.
2. As a result of the above stated medical matter, defense counsel will be out of the jurisdiction and will finalize this matter for the Court's review.
3. The defendant is not in custody and agrees with the need for the continuance.
4. The parties agree to the continuance.
5. The parties do not anticipate any further requests for a continuance.
6. Additionally, denial of this request for continuance 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).
IT IS THEREFORE ORDERED that the simultaneous briefing related to the evidentiary hearing of January 31, 2023, currently due on June 30, 2023, be vacated and continued to July 15, 2023.