Opinion
2:22-cr-00130-RFB-VCF
11-14-2022
UNITED STATES OF AMERICA, Plaintiff, v. RAUL SEGUNDO-MARTINEZ, Defendant.
STIPULATION TO CONTINUE MOTION DEADLINES
HONORABLE RICHARD F. BOULWARE, II, UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Jason Frierson, United States Attorney, and Kimberly Frayn, Assistant United States Attorney, counsel for Plaintiff the United States of America, and Ivette Amelburu Maningo, counsel for Raul Segundo-Martinez, that the Court continue the pretrial deadline and related response and reply deadlines for one week (7 days).
The Stipulation is entered into for the following reasons:
1. The Court set the deadline for pretrial motions to be due on November 7, 2022. The parties must respond to pretrial motions by November 21, 2022 and replies are to be filed by November 28, 2022.
2. Counsel for the Government, who recently entered her appearance in this case, and counsel for the Defendant have conferred and have agreed upon a one-week (7 days) extension of the pretrial motions deadline.
3. The short extension of only the pretrial motion deadlines would allow counsel for Defendant the additional time within which to review legal documents and discuss pending pretrial legal matters with the Defendant.
4. The additional time requested herein is not sought for purposes of delay.
5. The parties agree to the one-week (7 day) continuance of the pretrial motion deadlines.
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).
For these reasons, the parties hereby stipulate to a one-week (7 day) continuance of the November 7, 2022 pretrial motions deadline, the November 21, 2022 response deadline, and the November 28, 2022 reply deadline.
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. New counsel for the Government recently entered her appearance in this case.
2. Counsel for Defendant needs the additional time within which to review legal documents and discuss pending pretrial legal matters with the Defendant.
3. 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 completely review and discuss pretrial materials and related legal matters with the Defendant.
4. 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 parties agree to the one-week (7 days) continuance of the deadline for pretrial motions and the deadline to the respond and reply to pretrial motions.
ORDER
IT IS THEREFORE ORDERED that the parties herein shall have to and including 14th day of November, 2022, to file any and all pretrial motions and notice of defense.
IT IS FURTHER ORDERED that the parties shall have to and including 21st day of November, 2022 to file any and all responses.
IT IS FURTHER ORDERED that the parties shall have to and including 28th day of November, 2022 to file any and all replies.