Opinion
2:16-cr-00217- APG-EJY
10-11-2023
UNITED STATES OF AMERICA, Plaintiff, v. RICHARD WHITTAKER, Defendant.
RENE L. VALLADARES Federal Public Defender State Bar No. 11479 JACQUELYN N. WITT Assistant Federal Public Defender Attorney for Richard Whittaker JASON M. FRIERSON United States Attorney, JUSTIN J. WASHBURNE Assistant United States Attorney
RENE L. VALLADARES Federal Public Defender State Bar No. 11479 JACQUELYN N. WITT Assistant Federal Public Defender Attorney for Richard Whittaker
JASON M. FRIERSON United States Attorney, JUSTIN J. WASHBURNE Assistant United States Attorney
STIPULATION TO CONTINUE REVOCATION HEARING
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Justin J. Washburne, Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Jacquelyn N. Witt, Assistant Federal Public Defender, counsel for Richard Whittaker, that the Revocation Hearing currently scheduled on October 19, 2023 at 8:00 a.m., be vacated and continued to a date and time convenient to the Court, but no sooner than ninety (90) days.
This Stipulation is entered into for the following reasons:
1. The government filed a criminal indictment against Mr. Whittaker in Case No. 2:23-cr-0013-JCM-BNW, and trial is set for January 8, 2023. The allegations in Case No. 2:23-cr-0013-JCM-BNW relate to the same conduct alleged in the Petition in the instant case.
2. Defense counsel needs additional time to gather important mitigating information, review forthcoming discovery with Mr. Whittaker, and prepare for the revocation hearing, if necessary.
3. Mr. Whittaker retained an expert and produced an expert report to the government.
4. The government needs additional time to allow its rebuttal expert to review necessary documents, complete an evaluation, and produce a report.
5. Defense counsel will need an opportunity to review the findings of the government's rebuttal expert with Mr. Whittaker.
6. Mr. Whittaker is in custody and does not oppose the continuance.
7. The parties agree to the continuance.
This is the sixth request for a continuance of the revocation hearing.
ORDER
IT IS THEREFORE ORDERED that the revocation hearing currently scheduled for Thursday, October 19, 2023, at 8:00 a.m., be vacated and continued to January 16, 2024 at the hour of 1:30 p.m. in Courtroom 6C.