Opinion
5:20-mj-71039-MAG
12-14-2021
UNITED STATES OF AMERICA, Plaintiff, v. MIGUEL VARGAS, Defendant.
GEOFFREY A. HANSEN ACTING FEDERAL PUBLIC DEFENDER TAMARA CREPET ASSISTANT FEDERAL PUBLIC DEFENDER STEPHANIE M. HINDS ACTING UNITED STATES ATTORNEY JEFFREY BACKHUS ASSISTANT UNITED STATES ATTORNEY
GEOFFREY A. HANSEN ACTING FEDERAL PUBLIC DEFENDER
TAMARA CREPET ASSISTANT FEDERAL PUBLIC DEFENDER
STEPHANIE M. HINDS ACTING UNITED STATES ATTORNEY
JEFFREY BACKHUS ASSISTANT UNITED STATES ATTORNEY
STIPULATION AND ORDER (AS MODIFIED) TO CONTINUE PRELIMINARY HEARING AND TO EXCLUDE TIME
HONORABLE DONNA M. RYU, United States Magistrate Judge
Defendant Miguel Vargas and the Government, by and through their respective counsel, stipulate and agree, with the Court's approval, that the preliminary hearing set for December 15, 2021 may be continued to February 24, 2022. The reason for the requested continuance is that the government continues to produce discovery, which the defense will need to review. In addition, the parties need additional time to discuss the possibility of a pre-indictment resolution.
The parties additionally stipulate and agree that time shall be waived from December 15, 2021 to February 24, 2022, pursuant to Rule 5.1(c) (time for a preliminary hearing), 18 U.S.C. § 3161(b) (requiring any information or indictment be filed within 30 days of arrest), and 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(iv) (time for a speedy trial). The parties agree that this waiver of time is necessary for review of discovery by the defense and to discuss possible pre-indictment resolution of the case.
ORDER (AS MODIFIED)
Upon agreement and stipulation of the defendant Miguel Vargas, and the United States, and their respective counsel, and good cause appearing, IT IS HEREBY ORDERED that defendant Miguel Vargas's preliminary hearing be continued to February 24, 2022 at 2:00 p.m.
It is further ORDERED that the defendant has waived time for purposes of Rule 5.1(c), 18 U.S.C. § 3161(b), and 18 U.S.C. § 3161(h), and specifically, that he has waived time from December 15, 2021 to February 24, 2022.
IT IS SO ORDERED