Stipulation to Continue Preliminary Hearing — United States v. Robinson (D. Nev., Dkt. 17)

Summary

Stipulation to Continue Preliminary Hearing and Waiver of Right to Indictment within 30 days, filed November 12, 2020 as Document 17 in Case 2:20-cr-00333-APG-EJY, United States of America v. Bryan Robinson, District of Nevada. The parties jointly move to extend the preliminary hearing to a date no sooner than thirty (30) days, and the defendant agrees to waive the right to be indicted by the grand jury for an additional thirty days. It states that the Complaint was filed on August 27, 2020 (ECF No. 1), that this is the second request, and that defense counsel has experienced health issues that made it more difficult to review the discovery. It is signed /s/ Dustin R. Marcello and /s/ Jamie Mickelson. The order continues the Preliminary Examination scheduled for November 16, 2020 to December 16, 2020.

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“Stipulation to Continue Preliminary Hearing — United States v. Robinson (D. Nev., Dkt. 17).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-d-nev-no-2-20-cr-00333-dkt-17-205666dbac/, SHA-256 63c5d17bcdaead0a4d0b1728e216e2232afd70695b8da4c821312b29b2e9d886.

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Case 2:20-cr-00333-APG-EJY Document 17 Filed 11/12/20 Page 1 of 6

1 DUSTIN R. MARCELLO, ESQ
Nevada State Bar No.: 10134
2 PITARO & FUMO, CHTD.
601 Las Vegas Boulevard, South
3 Las Vegas, Nevada 89101
Ph: 702-474-7554
4 Fax: 702-474-4210
Email: dustin.fumolaw@gmail.com
5 Attorney for BRYAN ROBINSON

6 UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
7
UNITED STATES OF AMERICA, Case No. 2:20-mj-00766-EJY
8
Plaintiff, Stipulation to Continue Preliminary
9 Hearing and Waiver of Right to
v. Indictment within 30 days
10
BRYAN ROBINSON,
11
Defendant.
12

14 IT IS HEREBY STIPULATED AND AGREED by and between Defendant

15 BRYAN ROBINSON, through his counsel, DUSTIN R. MARCELLO, ESQ. and the

16 United States of America, through Nicholas A. Trutanich, United States Attorney, and

17 Assistant United States Attorney Jamie Mickelson, as follows:

18 1. The Complaint in this case was filed on August 27, 2020 (ECF No. 1) and

19 defendant first appeared before a judicial officer of the Court in which the charges in this

20 case were pending on September 1, 2020 (ECF No. 5.) This Court set a preliminary hearing

21 for September 15, 2020.

22 2. On September 14, 2020, the parties filed a stipulation to continue the

23 preliminary hearing for sixty days. (ECF No. 12.) The Court set a preliminary hearing for

24 November 16, 2020. (ECF. No. 13.) On September 18, 2020, the defendant filed a waiver of
Case 2:20-cr-00333-APG-EJY Document 17 Filed 11/12/20 Page 2 of 6

1 his right to be indicted by the grand jury within the time specified in 18 U.S.C. § 3161(b) for

2 sixty days. (ECF No. 15.) Defendant hereby specifically agrees to waive his right to be

3 indicted by the grand jury for an additional thirty days.

4 3. The parties jointly move for an extension of time of the preliminary hearing to

5 a date and time convenient to the Court, but no sooner than thirty (30) days. The

6 Government has provided pre-indictment discovery for the defense to review. The parties

7 stipulate that the delay is required to allow the defense reasonable time for preparation, and

8 for the government’s continuing investigation of the case. The parties further agree that the

9 interests of justice served by granting this continuance outweigh the best interests of the

10 public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

11 4. Defendant has been released on pre-trial release and has no objection to the

12 continuance and agrees to the waiver of his right to be indicted by the grand jury within the

13 time specified in 18 U.S.C. § 3161(b).

14 5. The parties agree that good cause exists for the extension of time, and that the

15 extension of time would not adversely affect the public interest in the prompt disposition of

16 criminal cases. Defense counsel will need additional time to review, and to discuss with the

17 defendant, the discovery. In addition, defense counsel has also experienced health issues

18 that have made it more difficult to review the discovery and to meet with defendant to

19 prepare for the hearing. Because of this, defense counsel necessarily needs additional time

20 for preparation and investigation.

21 6. This is the second request for a continuance of the preliminary hearing.

23 ///

2
Case 2:20-cr-00333-APG-EJY Document 17 Filed 11/12/20 Page 3 of 6

1 7. The defendant specifically waives being charged by information or indictment

2 within thirty (30) days of his arrest pursuant to 18 U.S.C. § 3161(b).

3 Dated this 12th day of November 2020.

6 /s/ Dustin R. Marcello _____/s/ Jamie Mickelson____________
DUSTIN R. MARCELLO, ESQ. JAMIE MICKELSON
7 601 Las Vegas Boulevard, South Assistant United States Attorney
Las Vegas, Nevada 89101 500 Las Vegas Blvd. S.
8 Attorney for Defendant Las Vegas, Nevada 89101
Attorney for the United States
9

3
Case 2:20-cr-00333-APG-EJY Document 17 Filed 11/12/20 Page 4 of 6

1 UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
2
UNITED STATES OF AMERICA, Case No. 2:20-mj-00766-EJY
3
Plaintiff, ORDER
4
v.
5
BRYAN ROBINSON,
6
Defendant.
7

9 FINDINGS OF FACT

10 Having reviewed the stipulation between the parties, and good cause appearing

11 therefore, the Court finds as follows:

12 1. The Complaint in this case was filed on August 27, 2020 (ECF No. 1) and

13 defendant first appeared before a judicial officer of the Court in which the charges in this

14 case were pending on September 1, 2020 (ECF No. 5.) This Court set a preliminary hearing

15 for September 15, 2020.

16 2. On September 14, 2020, the parties filed a stipulation to continue the

17 preliminary hearing for sixty days. (ECF No. 12.) The Court set a preliminary hearing for

18 November 16, 2020. (ECF. No. 13.) On September 18, 2020, the defendant filed a waiver of

19 his right to be indicted by the grand jury within the time specified in 18 U.S.C. § 3161(b) for

20 sixty days. (ECF No. 15.) Defendant specifically agrees to waive his right to be indicted by

21 the grand jury for an additional thirty days.

22 3. The parties jointly move for an extension of time of the preliminary hearing to

23 a date and time convenient to the Court, but no sooner than thirty (30) days. The

24 Government has provided pre-indictment discovery for the defense to review. The parties

4
Case 2:20-cr-00333-APG-EJY Document 17 Filed 11/12/20 Page 5 of 6

1 stipulate that the delay is required to allow the defense reasonable time for preparation, and

2 for the government’s continuing investigation of the case. The parties further agree that the

3 interests of justice served by granting this continuance outweigh the best interests of the

4 public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

5 4. Defendant has been released on pre-trial release and has no objection to the

6 continuance.

7 5. The parties agree that good cause exists for the extension of time, and that the

8 extension of time would not adversely affect the public interest in the prompt disposition of

9 criminal cases. Defense counsel will need additional time to review, and to discuss with the

10 defendant, the discovery. In addition, defense counsel has also experienced health issues

11 that have made it more difficult to review the discovery and to meet with defendant to

12 prepare for the hearing. Because of this, defense counsel necessarily needs additional time

13 for preparation and investigation.

14 6. This is the second request for a continuance of the preliminary hearing.

15 7. The defendant specifically waives being charged by information or indictment

16 within thirty (30) days of his arrest pursuant to 18 U.S.C. § 3161(b).

17 CONCLUSIONS OF LAW

18 1. Denial of this request would deny the parties the adequate opportunity to

19 prepare for the preliminary hearing and could result in a miscarriage of justice.

20 2. The interests of justice served by granting this continuance outweigh the best

21 interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

22 3. The defendant has waived his right to be charged by information for

23 indictment within thirty (30) days of his arrest pursuant to 18 U.S.C. § 3161(b).

5
Case 2:20-cr-00333-APG-EJY Document 17 Filed 11/12/20 Page 6 of 6

1 IT IS HEREBY ORDERED that the Preliminary Examination currently scheduled

2 for November 16, 2020, at 4:00 p.m., be continued to the day of December 16, 2020 at

3 4:00 p.m., in courtroom 3A.

5 DATED this 12th day of November, 2020.

7 ________________________________________
ELAYNA J. YOUCHAH
8 U.S. MAGISTRATE JUDGE

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