Stipulation to Continue the Suppression Hearing Date (First Request) — United States v. Nelson (Dkt. 43)

Summary

A Stipulation to Continue the Suppression Hearing Date (First Request) with an Order, filed October 19, 2021 as Document 43 in United States v. Darnele Nelson, Case No. 2:20-cr-195-APG-EJY, in the U.S. District Court for the District of Nevada. The parties stipulate that the suppression hearing scheduled for November 2, 2021 be continued for not less than 90 days. The stipulation recites that Nelson was indicted on or about August 5, 2020 on felony charges of felon in possession of a firearm and ammunition, that a motion to dismiss and a motion to suppress were filed, and that trial is set for January 3, 2022. The Order vacates the November 2, 2021 hearing and continues it to February 15, 2022, in Courtroom 3B. Kimberly M. Frayn and Todd M. Leventhal are shown as signing with /s/.

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“Stipulation to Continue the Suppression Hearing Date (First Request) — United States v. Nelson (Dkt. 43).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-d-nev-no-2-20-cr-00195-dkt-43-ca9a235a93/, SHA-256 8b110d92af27ad0c6766b81927903df8ca7dfbb94255a71fcf5662a85622d0fd.

Full text

Case 2:20-cr-00195-APG-EJY Document 43 Filed 10/19/21 Page 1 of 4

1 CHRISTOPHER CHIOU
Acting United States Attorney
2 Nevada Bar No. 14853
3 KIMBERLY M. FRAYN
MINA CHANG
4 Assistant United States Attorneys
501 Las Vegas Boulevard South, Suite 1100
5 Las Vegas, Nevada 89101
6 Telephone: 702.388.6336
Kimberly.Frayn@usdoj.gov
7 Attorney for the United States
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10 UNITED STATES DISTRICT COURT
11 DISTRICT OF NEVADA
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13 UNITED STATES OF AMERICA, Case No. 2:20-cr-195-APG-EJY
14 Plaintiff, Stipulation to Continue the
Suppression Hearing Date
15 v.
(First Request)
16 DARNELE NELSON,
17 Defendant.
18
19 IT IS HEREBY STIPULATED AND AGREED, by and between Christopher

20 Chiou, Acting United States Attorney, and Kimberly M. Frayn, Assistant United States
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Attorney, counsel for the United States of America, and Todd Leventhal, Esq., counsel
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for Darnele Nelson, that the suppression hearing in the abovementioned case, which is
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currently scheduled for November 2, 2021 be continued and reset to a date and time
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25 convenient to this Court, but for a period of not less than 90 days, for the following

26 reasons:
Case 2:20-cr-00195-APG-EJY Document 43 Filed 10/19/21 Page 2 of 4

1 1. On or about August 5, 2020, Darnele Nelson was indicted on felony
2 charges of felon in possession of a firearm and ammunition. ECF 8. On or about August
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14, 2020, the defendant was released on bond pending trial, which is presently set for
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January 3, 2022. ECF 14, 27. A stipulation to also continue the trial date out at least 90
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6 days will be contemporaneously filed. On or about August 5, 2021, Nelson filed a motion

7 to dismiss and a motion to suppress. ECF 28, 29. Oppositions to each motion was filed
8 by the government. ECF 37, 38. A hearing on the motion to suppress is currently set for
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November 2, 2021.
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2. The parties need additional time to prepare for the suppression hearing and
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for trial if the evidence is not suppressed. Additionally, the government is having
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availability difficulties with two government witnesses, who are both necessary for the
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suppression hearing and the trial.
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3. The defendant is not incarcerated and does not object to the continuance.
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4. The parties agree to the continuance.
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5. The additional time requested herein is not sought for purposes of delay,
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but merely to allow the parties sufficient time within which to prepare for the suppression
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hearing. Additionally, denial of this request for continuance could result in a miscarriage
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of justice, and the ends of justice served by granting this request, outweigh the best
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///
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Case 2:20-cr-00195-APG-EJY Document 43 Filed 10/19/21 Page 3 of 4

1 interest of the public and the defendant in a speedy hearing.
2 6. This is the first stipulation to continue the suppression hearing date filed
3 herein.
4 DATED this 15th day of October, 2021.
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6 CHRISTOPHER CHIOU
United States Attorney
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/s/ Todd M. Leventhal, Esq. /s/ Kimberly M. Frayn
8 By_____________________________ By_____________________________
9 TODD M. LEVENTHAL KIMBERLY M. FRAYN
Counsel for Defendant Darnele Nelson
MINA CHANG
10 Assistant United States Attorneys
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Case 2:20-cr-00195-APG-EJY Document 43 Filed 10/19/21 Page 4 of 4

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3
UNITED STATES OF AMERICA, Case No. 2:20-cr-195-APG-EJY
4
Plaintiff,
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v. ORDER
6
DARNELE NELSON,
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Defendant.
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10 Based on the pending Stipulation of counsel, and good cause appearing therefore,
11 the Court finds:
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THEREFORE, IT IS HEREBY ORDERED that the suppression hearing in the
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14 above-captioned matter, currently scheduled for November 2, 2021, be vacated and

15 continued to a date and time convenient to this court, that is February 15, 2022, at the
16 hour of 9:30 a.m, in Courtroom 3B.
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DATED this 19th day of October 2021.
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20 ____________________________________
HONORABLE ELAYNA J. YOUCHAH
21 United States Magistrate Court Judge
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