Opinion
2:23-mj-00109-BNW
11-27-2023
UNITED STATES OF AMERICA, Plaintiff, v. DEIVIN CABRERA RUA Defendant. v.
JOHN MILLION TURCO, ESQ. Nevada Bar No. 6152 Attorney for Defendant Cabrera Ruano
JOHN MILLION TURCO, ESQ. Nevada Bar No. 6152 Attorney for Defendant Cabrera Ruano
STIPULATION TO CONTINUE STATUS REPORT DATE
IT IS HEREBY STIPULATED AND AGREED by and between JASON FRIERSON, United States Attorney, and IMANI DIXON, counsel for the United States of America; JOHN MILLION TURCO, counsel for Defendant, DEIVIN CABRERA RUANO; that the status report date currently scheduled for November 24, 2023 at 9:00 a.m. be vacated for at least fourteen (14) days and set to a date and time convenient to the Court.
This Stipulation is entered into for the following reasons:
1. Defendant is gathering documentation on the requirements fulfilled.
2. Defendant does not object to the request for continuance.
3. The government does not oppose the request for the continuance.
4. Denial of this request for continuance would deny the defendant an opportunity to fully satisfy his agreed upon requirements. As a Spanish speaker the Defendant has had difficulty accessing all required materials.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
This is the first request to continue the status report date filed herein.
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
Based upon the pending Stipulation of counsel, and good cause appearing therefor, the Court finds:
1. Defendant is gathering documentation on the requirements fulfilled.
2. Defendant does not object to the request for continuance.
3. The government does not oppose the request for the continuance.
4. Denial of this request for continuance would deny the defendant an opportunity to fully satisfy his agreed upon requirements. As a Spanish speaker the Defendant has had difficulty accessing all required requirements.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice.
For all of the above-stated reasons, the ends of justice would best be served by a continuance of the status report date.
CONCLUSIONS OF LAW
The ends of justice served by granting said continuance outweigh the best interest of the public and the defendants in a speedy trial, since the failure to grant said continuance would be likely to result in a miscarriage of justice, would deny the Defendant herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for and complete his requirements, taking into account the exercise of due diligence.
The continuance sought herein excludable under the Speedy Trial Act, Title 18, United States Code §§ 3161(h)(7)(A), Title 18, United States Code § 3161(h)(7)(B)(i) and 3161(h)(8)(B)(iv).
ORDER
IT IS HEREBY ORDERED that the status report date currently schedule for November 24, 2023 at the hour of 9:00 a.m. be vacated and continued to December 11, 2023 at the hour of 12:00 p.m.