Opinion
2:23-cr-00020-JAD-VCF
08-21-2023
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT LAMON POLK, Defendant. v.
RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 ADEN KEBEDE Assistant Federal Public Defender Nevada State Bar No. 15581 Attorney for Robert Lamon Polk
RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 ADEN KEBEDE Assistant Federal Public Defender Nevada State Bar No. 15581 Attorney for Robert Lamon Polk
STIPULATION TO CONTINUE MOTION DEADLINES
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Melanee Smith, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Aden Kebede, Assistant Federal Public Defender, counsel for Robert Lamon Polk that the previously ordered deadline for the Government's response to defendant's motions to suppress be vacated and that the Government shall have to and including September 27, 2023 within which to file it's response. The parties further stipulate and agree that the defendant shall have to and including October 27, 2023 within which to file his reply motion.
The Stipulation is entered into for the following reasons:
1. The parties are currently engaged in negotiations to resolve the matter. If the matter is resolved, it will obviate the need for pretrial litigation.
2. If the matter is not resolved, the parties need additional, adequate time to file responses and replies.
3. The defendant is not incarcerated and does not object to the continuance.
4. The parties agree to the continuance.
5. The additional time requested herein is not sought for purposes of delay, but merely to allow counsel for defendant sufficient time within which to be able to effectively and complete investigation of the discovery materials provided.
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 fourth stipulation to continue filed herein.
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 are currently engaged in negotiations to resolve the matter. If the matter is resolved, it will obviate the need for pretrial litigation.
2. If the matter is not resolved, the parties need additional, adequate time to file responses and replies.
3. The defendant is not incarcerated and does not object to the continuance.
4. The parties agree to the continuance.
5. The additional time requested herein is not sought for purposes of delay, but merely to allow counsel for defendant sufficient time within which to be able to effectively and complete investigation of the discovery materials provided.
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).
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for trial, taking into account the exercise of due diligence.
The continuance sought herein is excludable under the Speedy Trial Act, Title 18, United States Code, Section § 3161 (h)(7)(A), when the considering the factors under Title 18, United States Code, § 3161(h)(7)(B)(i), (iv).
ORDER
IT IS THEREFORE ORDERED that the government shall have to and including September 27, 2023, to file its response to the defendant's motions to suppress.
IT IS FURTHER ORDERED that the defendant shall have to and including October 27, 2023, to file his reply.