Opinion
2:22-mj-0028-DJA
02-03-2023
UNITED STATES OF AMERICA, Plaintiff, v. EDWIN JEHOVANY POLANCO- RIVERA, Defendant.
JASON M. FRIERSON United States Attorney Nevada Bar No. 7709 MINA CHANG Assistant United States Attorney Attorneys for the United States
JASON M. FRIERSON United States Attorney Nevada Bar No. 7709 MINA CHANG Assistant United States Attorney Attorneys for the United States
ORDER TO CONTINUE STATUS CONFERENCE (FIRST REQUEST)
HONORABLE DANIEL J. ALBREGTS UNITED STATES MAGISTRATE JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Mina Chang, Assistant United States Attorney, counsel for the United States of America, Jason W. Barrus, Esq., counsel for defendant Edwin Polanco-Rivera, that the status check in the above-captioned matter, currently scheduled for February 3, 2023, be vacated and continued to a date convenient to the Court, but no sooner than 30 days.
This stipulation is entered into for the following reasons:
1. On January 27, 2023, the Court set a Status Conference in this case for February 3, 2023, and permitted counsel to file a stipulation prior to the hearing regarding the defendant's status to avoid attending the status check. ECF No. 9.
2. Defendant Joseph Polanco-Rivera has successfully completed special conditions (i) and (ii) of his sentence but needs additional time to complete the eight-hour online alcohol awareness course as ordered.
3. Defendant is not in custody and does not object to the continuance.
4. Counsel for the parties agree to the continuance.
5. This request for a continuance is made in good faith and is not intended to delay the proceedings in the matter.
6. Denial of this request for continuance would result in a miscarriage of justice.
This is the first request for continuance of the status conference in this case.
Findings of Fact, Conclusions of Law and Order
FINDINGS OF FACT, CONCLUSIONS OF LAW
Based on the pending stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. On January 27, 2023, the Court set a Status Conference in this case for February 3, 2023, and permitted counsel to file a stipulation prior to the hearing regarding the defendant's status to avoid attending the status check. ECF No. 9.
2. Defendant Joseph Polanco-Rivera has successfully completed special conditions (i) and (ii) of his sentence but needs additional time to complete the eight-hour online alcohol awareness course as ordered.
3. Defendant is not in custody and does not object to the continuance.
4. The parties agree to the continuance.
5. This request for a continuance is made in good faith and is not intended to delay the proceedings in the matter.
6. Denial of this request for continuance would result in a miscarriage of justice.
ORDER
IT IS HEREBY ORDERED that the status check date in the above-captioned matter currently scheduled for February 3, 2023 is hereby VACATED, and RESET for April 14, 2023, at 11:30 a.m., Courtroom 3A.