Opinion
2:22-mj-00557-BNW
11-16-2022
UNITED STATES OF AMERICA v. SHARETT ANNETTE YAZZIE, Defendant.
RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 KEISHA K. MATTHEWS Assistant Federal Public Defender Attorney for Sharett Annette Yazzie RENE L. VALLADARES, Federal Public Defender JASON M. FRIERSON, United States Attorney KEISHA K. MATTHEWS, Assistant Federal Public Defender CHRISTOPHER BURTON, Assistant United States Attorney
RENE L. VALLADARES Federal Public Defender Nevada State Bar No. 11479 KEISHA K. MATTHEWS Assistant Federal Public Defender Attorney for Sharett Annette Yazzie
RENE L. VALLADARES, Federal Public Defender
JASON M. FRIERSON, United States Attorney
KEISHA K. MATTHEWS, Assistant Federal Public Defender
CHRISTOPHER BURTON, Assistant United States Attorney
STIPULATION TO CONTINUE BENCH TRIAL (SECOND REQUEST)
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson, United States Attorney, and Christopher Burton, 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 Sharett Annette Yazzie, that the bench trial currently scheduled on November 30, 2022, at the hour of 9:00 a.m., be vacated and continued to a date and time convenient to the Court, but no sooner than sixty (60) days.
This 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 out of custody and agrees with the need for the continuance.
3. The parties agree to the continuance.
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).
This is the second request for a continuance of the bench trial.
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 out of custody and agrees with the need for the continuance.
3. The parties agree to the continuance.
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 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 facts under Title 18, United States Code, §§ 316(h)(7)(B) and 3161(h)(7)(B)(iv).
ORDER
IT IS THEREFORE ORDERED that the bench trial currently scheduled on Wednesday, November 30, 2022 at 9:00 a.m., be vacated and continued to February 8, 2023 at 9:00 a.m.