Opinion
2:11-CR-00036-JCM-PAL
04-21-2023
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT SMITH, Defendant.
RENE L. VALLADARES FEDERAL PUBLIC DEFENDER BY JACQUELYN N. WITT ASSISTANT FEDERAL PUBLIC DEFENDER JASON M. FRIERSON UNITED STATES ATTORNEY BY KIMBERLY M. FRAYN ASSISTANT UNITED STATES ATTORNEY
RENE L. VALLADARES FEDERAL PUBLIC DEFENDER BY JACQUELYN N. WITT ASSISTANT FEDERAL PUBLIC DEFENDER
JASON M. FRIERSON UNITED STATES ATTORNEY BY KIMBERLY M. FRAYN ASSISTANT UNITED STATES ATTORNEY
STIPULATION TO VACATE SUPERVISED RELEASE REVOCATION HEARING
(First Request)
HONORABLE JAMES C. MAHAN UNITEDSTATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Kimberly M. Frayn, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defendant and Jacquelyn N. Witt, Assistant Federal Public Defender, counsel for Robert Smith, (“Smith”), that the supervised release revocation hearing in the abovementioned case, which is currently scheduled for April 26, 2023 at 10:00 a.m., be vacated for the following reasons:
1. Probation Officer Brianna King advised undersigned counsel on April 21, 2023 that Smith continues to be in absconder status and Officer King is unable to contact him. An arrest warrant for absconding remains outstanding against Smith, which makes it unlikely that Smith will voluntarily appear at the April 26, 2023 revocation hearing.
2. The parties jointly ask the Court to vacate the supervised release revocation hearing until Smith can be located. This request is made in furtherance of judicial economy so that the Court can use the time currently scheduled for the April 26 revocation hearing for a more productive purpose.
5. The request to vacate the hearing herein is not sought for purposes of delay, but merely to allow the defendant to be located either by his arrest or by his voluntary contact with defense counsel or Officer King.
IT IS SO ORDERED.