Opinion
2:23-cr-00017-APG-NJK
04-26-2023
UNITED STATES OF AMERICA, Plaintiff, v. DANIEL LEE RHEES, Defendant.
RENE L. VALLADARES Federal Public Defender KEISHA K. MATTHEWS Assistant Federal Public Defender Attorney for Daniel Lee Rhees JASON M. FRIERSON United States Attorney BIANCA R. PUCCI Assistant United States Attorney
RENE L. VALLADARES Federal Public Defender KEISHA K. MATTHEWS Assistant Federal Public Defender Attorney for Daniel Lee Rhees
JASON M. FRIERSON United States Attorney BIANCA R. PUCCI Assistant United States Attorney
STIPULATION TO CONTINUE PRELIMINARY HEARING (SECOND REQUEST)
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Bianca R. Pucci, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Keisha K. Matthews, Assistant Federal Public Defender, counsel for Daniel Lee Rhees, that the Preliminary Hearing currently scheduled on April 26, 2023, be vacated and continued to a date and time convenient to the Court, but no sooner than May 4, 2023.
This Stipulation is entered into for the following reasons:
1. The Waiver of Indictment/Filing of an Information/Arraignment and Plea Hearing is currently scheduled for May 3, 2023 in this case.
2. Parties have reached a non-trial resolution and need additional time to resolve this matter.
3. Defendant is in custody and does not object to a 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)(7)(A), considering the factors under 18 U.S.C. § 3161(h)(7)(B)(i) and (iv).
This is the second request for continuance filed herein.
ORDER
Based on the Stipulation of counsel and good cause appearing, IT IS THEREFORE ORDERED that the Preliminary Hearing currently scheduled on April 26, 2023, at the hour of 3:00 p.m., be vacated and continued to May 9, 2023 at 3:00 p.m.