Opinion
2:20-cr-00118-KJD-VCF
04-29-2022
UNITED STATES OF AMERICA, Plaintiff, v. JOSHUA SMOLKO, Defendant.
RENE L. VALLADARES FEDERAL PUBLIC DEFENDER KEISHA K. MATTHEWS ASSISTANT FEDERAL PUBLIC DEFENDER CHRISTOPHER CHIOU ACTING UNITED STATES ATTORNEY BRIAN Y. WHANG ASSISTANT UNITED STATES ATTORNEY
RENE L. VALLADARES
FEDERAL PUBLIC DEFENDER
KEISHA K. MATTHEWS
ASSISTANT FEDERAL PUBLIC DEFENDER
CHRISTOPHER CHIOU
ACTING UNITED STATES ATTORNEY
BRIAN Y. WHANG
ASSISTANT UNITED STATES ATTORNEY
STIPULATION TO CONTINUE MOTION DEADLINES
(SECOND REQUEST)
KENT J. DAWSON UNITED STATES DISTRICT JUDGE
IT IS HEREBY STIPULATED AND AGREED, by and between Christopher Chiou, Acting United States Attorney, and Brian Y. Whang, 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 Joshua Smolko, that the pretrial motions and notices of defense currently due on April 26, 2022 be vacated and reset to May 26, 2022.
IT IS FURTHER STIPULATED AND AGREED, by and between the parties, that they shall have to and including June 9, 2022, to file any and all responsive pleadings.
IT IS FURTHER STIPULATED AND AGREED, by and between the parties, that they shall have to and including June 16, 2022, to file any and all replies to dispositive motions.
The Stipulation is entered into for the following reasons:
1. Counsel for the defendant needs additional time to conduct investigation in this case in order to determine whether there are any pretrial issues that must be litigated and whether the case will ultimately go to trial or will be resolved through negotiations.
2. The defendant is incarcerated and does not object to the continuance.
3. The parties agree to the continuance.
4. 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.
5. 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 second 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. Counsel for the defendant needs additional time to conduct investigation in this case in order to determine whether there are any pretrial issues that must be litigated and whether the case will ultimately go to trial or will be resolved through negotiations.
2. The defendant is incarcerated and does not object to the continuance.
3. The parties agree to the continuance.
4. 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.
5. 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 parties herein shall have to and including May 26, 2022 to file any and all pretrial motions and notice of defense.
IT IS FURTHER ORDERED that the parties shall have to and including June 9, 2022 to file any and all responses.
IT IS FURTHER ORDERED that the parties shall have to and including June 16, 2022 to file any and all replies.