Order on Stipulation, Suppression Hearing — United States v. Darnele Nelson (D. Nev., Dkt. 45)

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An Order in United States of America v. Darnele Nelson, Case No. 2:20-cr-195-APG-EJY (Document 45, filed 01/27/22), in the U.S. District Court for the District of Nevada. Based on the pending Stipulation of counsel and good cause, the order vacates the suppression hearing currently scheduled for February 15, 2022. It continues the hearing to May 24, 2022 at 9:30 a.m. in Courtroom 3A. The order is dated the 27th day of January, 2022 and is issued over the title United States Magistrate Court Judge.

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Case 2:20-cr-00195-APG-EJY Document 45 Filed 01/27/22 Page 1of4

CHRISTOPHER CHIOU

Acting United States Attorney

Nevada Bar No. 14853

KIMBERLY M. FRAYN

MINA CHANG

Assistant United States Attorneys

501 Las Vegas Boulevard South, Suite 1100
Las Vegas, Nevada 89101

Telephone: 702.388.6336

Attorney for the United States

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

UNITED STATES OF AMERICA,

Plaintiff,
DARNELE NELSON,
Defendant.

Case No. 2:20-cr-195-APG-EJY

Stipulation to Continue the
Suppression Hearing Date
(Second Request)

IT IS HEREBY STIPULATED AND AGREED, by and between Christopher

Chiou, Acting United States Attorney, and Kimberly M. Frayn, Assistant United States

Attomey, counsel for the United States of America, and Todd Leventhal, Esq., counsel

for Darnele Nelson, that the suppression hearing in the abovementioned case, which is

currently scheduled for February 15, 2022 be continued and reset to a date and time

convenient to this Court, but for a period of not less than 90 days, for the following

reasons:
Case 2:20-cr-00195-APG-EJY Document 45 Filed 01/27/22 Page 2 of 4

1. On or about August 5, 2020, Darnele Nelson was indicted on felony
charges of felon in possession of a firearm and ammunition. ECF 8. On or about August
14, 2020, the defendant was released on bond pending trial, which is presently set for
January 3, 2022. ECF 14, 27. A stipulation to also continue the trial date out at least 90
days will be contemporaneously filed. On or about August 5, 2021, Nelson filed a motion
to dismiss and a motion to suppress. ECF 28, 29. Oppositions to each motion was filed
by the government. ECF 37, 38. A hearing on the motion to suppress is currently set for
February 15, 2022.

2. The parties need additional time to prepare for the suppression hearing and
for trial if the evidence is not suppressed. Additionally, the government is having
availability difficulties with two government witnesses, who are both necessary for the

suppression hearing and the trial.

B, The defendant is not incarcerated and does not object to the continuance.
A. The parties agree to the continuance.
5. The additional time requested herein is not sought for purposes of delay,

but merely to allow the parties sufficient time within which to prepare for the suppression
hearing. Additionally, denial of this request for continuance could result in a miscarriage
of justice, and the ends of justice served by granting this request, outweigh the best

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Case 2:20-cr-00195-APG-EJY Document 45 Filed 01/27/22 Page 3 of 4

interest of the public and the defendant in a speedy hearing.
6. This is the second stipulation to continue the suppression hearing date filed
herein.

DATED this 26th Day of January, 2022.

CHRISTOPHER CHIOU
United States Attorney
/s/ Todd M. Leventhal, Esq. . /s/ Kimberly M. Frayn
By. x
TODD M. LEVENTHAL KIMBERLY M. FRAYN
fendant Darnel 1
Counsel for Defendant Darnele Nelson MINA C G

Assistant United States Attorneys
Case 2:20-cr-00195-APG-EJY Document 45 Filed 01/27/22 Page 4of4

UNITED STATES DISTRICT COURT

DISTRICT OF NEVADA
UNITED STATES OF AMERICA, Case No. 2:20-cr-195-APG-EJY
Plaintiff,
Vv. ORDER
DARNELE NELSON,
Defendant.

Based on the pending Stipulation of counsel, and good cause appearing therefore,

the Court finds:

THEREFORE, IT IS HEREBY ORDERED that the suppression hearing in the
above-captioned matter, currently scheduled for February 15, 2022, be vacated and
continued to a date and time convenient to this court, that is May 24, 2022 at the hour
of 9:30 a.m._in Courtroom 3A.

DATED this 27th day of January, 2022.

HON GRABER LAVA J. YOUCHAH
United’States Magistrate Court Judge


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