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Case 2:20-cr-00195-APG-EJY Document 33 Filed 08/20/21 Page 1 of 4
1 CHRISTOPHER CHIOU
Acting United States Attorney
2 Nevada Bar No. 14853
KIMBERLY M. FRAYN
3 Assistant United States Attorney
501 Las Vegas Boulevard South, Suite 1100
4 Las Vegas, Nevada 89101
Tel: (702) 388-6336
5 Fax: (702) 388-6418
Kimberly.Frayn@usdoj.gov
6 Attorneys for the United States
7 UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
8
-oOo-
9
UNITED STATES OF AMERICA,
Case No: 2:20-cr-00195-APG-EJY
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Plaintiff,
Stipulation to Continue
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vs. Deadline for Government’s Response to
Defendant’s Motion to Dismiss Indictment
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DARNELE NELSON, (ECF 28) and Motion to Suppress (ECF 29).
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Defendant. (Second Request)
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15 IT IS HEREBY STIPULATED AND AGREED, by and between CHRISTOPHER
16 CHIOU, Acting United States Attorney, and Kimberly M. Frayn, Assistant United States
17 Attorney, counsel for the United States of America, and Todd M. Leventhal, Esq., counsel for
18 Defendant DARNELE NELSON, that the deadline for Government’s Response to
19 Defendant’s Motion to Dismiss Indictment (ECF 28) and Motion to Suppress (ECF 29),
20 currently set for Thursday, August 26, 2021, be vacated and continued for two weeks, up to and
21 including Thursday, September 9, 2021.
22 This stipulation is entered into for the following reasons:
23 1. AUSA Mina Chang has recently been assigned responsibility as second chair in
24 this case. AUSA Chang needs additional time to review the discovery and pleadings in this case
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Case 2:20-cr-00195-APG-EJY Document 33 Filed 08/20/21 Page 2 of 4
1 so that she can assist in drafting the government’s responses to the defendant’s pending motion
2 to dismiss and motion to suppress, (ECF 28 and 29), and assist in any evidentiary hearings that
3 the Court may order arising therefrom.
4 2. Government counsel needs an additional two weeks, up to and including
5 Thursday, September 9, 2021, to complete its research, draft, and finalize appropriate responses
6 to defendant’s motions (ECF 28 and 29). Nelson’s motions, if granted, would be dispositive of
7 the matter and the government should be allowed sufficient time to file appropriate responses.
8 3. Nelson is not in custody and does not object to the continuance.
9 4. Trial is set for January 3, 2022 and will not be negatively impacted by this brief
10 extension of time to file the government’s responses.
11 5. The parties agree to the extension of time.
12 6. The requested two-week extension of time will not unduly prejudice the
13 defendant and is not sought for purposes of mere delay, but to provide the government the
14 necessary time to file appropriate responses. For the reasons stated above, the ends of justice
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would best be served by a continuance of the deadlines.
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7. Additionally, denial of this request for continuance of the deadlines could result
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in a miscarriage of justice.
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8. This is the second request for a continuance of the deadlines to file the responses
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as set forth herein.
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DATED this 20th day of August, 2021.
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CHRISTOPHER CHIOU
Acting United States Attorney
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/s/ Todd M. Leventhal, Esq. /s/ Kimberly M. Frayn______
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Todd M. Leventhal, Esq. KIMBERLY M. FRAYN
Counsel for Defendant Nelson Assistant United States Attorney
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Case 2:20-cr-00195-APG-EJY Document 33 Filed 08/20/21 Page 3 of 4
1
UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
-oOo-
3
UNITED STATES OF AMERICA,
4 Case No: 2:20-cr-00195-APG-EJY
Plaintiff,
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vs. Findings of Fact, Conclusions
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of Law, and Order
DARNELE NELSON,
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Defendant.
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FINDINGS OF FACT
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Based upon the pending Stipulation of counsel, and good cause appearing therefore, the
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Court finds that:
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This stipulation is entered into for the following reasons:
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1. AUSA Mina Chang has recently been assigned responsibility as second chair in
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this case. AUSA Chang needs additional time to review the discovery and pleadings in this case
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so that she can assist in drafting the government’s responses to the defendant’s pending motion
16
to dismiss and motion to suppress, (ECF 28 and 29), and assist in any evidentiary hearings that
17
the Court may order arising therefrom.
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2. Government counsel needs an additional two weeks, up to and including
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Thursday, September 9, 2021, to complete its research, draft, and finalize appropriate responses
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to defendant’s motions (ECF 28 and 29). Nelson’s motions, if granted, would be dispositive of
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the matter and the government should be allowed sufficient time to file appropriate responses.
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3. Nelson is not in custody and does not object to the continuance.
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4. Trial is set for January 3, 2022 and will not be negatively impacted by this brief
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Case 2:20-cr-00195-APG-EJY Document 33 Filed 08/20/21 Page 4 of 4
1 extension of time to file the government’s responses.
2 5. The parties agree to the extension of time.
3 6. The requested two-week extension of time will not unduly prejudice the
4 defendant and is not sought for purposes of mere delay, but to provide the government the
5 necessary time to file appropriate responses. For the reasons stated above, the ends of justice
6 would best be served by a continuance of the deadlines.
7 7. Additionally, denial of this request for continuance of the deadlines could result
8 in a miscarriage of justice.
9 8. This is the second request for a continuance of the deadlines to file the responses
10 as set forth herein.
11 CONCLUSIONS OF LAW
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Based on the parties’ stipulation and agreement to allow the government additional time
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to file its responses and for good cause shown, the extensions of time is granted.
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ORDER
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IT IS THEREFORE ORDERED that the deadline for Government’s Response to
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Defendant’s motions, currently scheduled for August 26, 2021, be vacated and continued to
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September 9, 2021.
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DATED this 20th day of August, 2021.
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______________________________________
21 HONORABLE ELAYNA J. YOUCHAH
UNITED STATES MAGISTRATE JUDGE
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