United States v. Phouphayry

Full title: UNITED STATES OF AMERICA, Plaintiff, v. ANDY PHOUPHAYRY, Defendant.

Court: United States District Court, District of Nevada

Date published: Apr 27, 2023

2:23-mj-00360-NJK (D. Nev. Apr. 27, 2023)

Opinion

2:23-mj-00360-NJK

04-27-2023

UNITED STATES OF AMERICA, Plaintiff, v. ANDY PHOUPHAYRY, Defendant.

RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 RAQUEL LAZO Assistant Federal Public Defender Nevada State Bar No. 8540 Attorney for Andy Phouphayry

Nancy J. Koppe, United States Magistrate Judge

RENE L. VALLADARES

Federal Public Defender

Nevada State Bar No. 11479

RAQUEL LAZO

Assistant Federal Public Defender

Nevada State Bar No. 8540

Attorney for Andy Phouphayry

UNOPPOSED MOTION TO WITHDRAW DEFENDANT'S WAIVER OF TEMPORARY RIGHT TO CUSTODY UNDER THE IAD (ECF NO. 9)

Nancy J. Koppe, United States Magistrate Judge

1) On April 25, 2023, defense counsel inadvertently filed a Waiver of Temporary Right to Custody under the Interstate Agreement on Detainer's Act (IAD) on the defendant's behalf. As a prisoner already incarcerated in the state system, Mr. Phouphayry wishes to invoke his right pursuant to the “anti-shuttling” provisions of the IAD and remain in temporary custody in the federal system during the pendency of his federal prosecution. Defense counsel requests that the waiver be withdrawn. Mr. Phouphayry has no opposition.

2) Government counsel has no opposition to this request.

IT IS SO ORDERED.