Stipulation and Order to Continue Preliminary Examination — United States v. Bryan Robinson (Dkt. 13)
Summary
Stipulation and Order to Continue Preliminary Examination, filed September 15, 2020 (Document 13) in United States v. Bryan Robinson, Case No. 2:20-mj-00766-EJY, in the United States District Court for the District of Nevada. Counsel Dustin R. Marcello, Esq. for the defendant and an Assistant United States Attorney stipulate that the Preliminary Examination scheduled for September 15, 2020 at 4:00 p.m. be vacated and reset. The stated reasons are that counsel needs additional time to adequately review the case, the defendant is currently out on pretrial release, and this is the first request for continuance. The document repeats those reasons as findings of fact and ends with an order section that refers to courtroom 3B.
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“Stipulation and Order to Continue Preliminary Examination — United States v. Bryan Robinson (Dkt. 13).”
Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-20-mj-00766-dkt-13-8f04e37b5f/
, SHA-256 509e5808dc65913b775e83bfb35276c7e84f22b96a63d061279769afc969c51e.Full text
Case 2:20-mj-00766-EJY Document 13 Filed 09/15/20 Page 1 of 4
1 Dustin R. Marcello, Esq.
Nevada bar No. 10134
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PITARO & FUMO, CHTD.
3 601 Las Vegas Boulevard, South
Las Vegas, Nevada 89101
4 (702) 474-7554 Fax (702) 474-4210
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Email: dustin.fumolaw@gmail.com; kristine.fumolaw@gmail.com
Attorney for Defendant – BRYAN ROBINSON
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UNITED STATES DISTRICT COURT
8 DISTRICT OF NEVADA
***
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10 UNITED STATES OF AMERICA, ) 2:20-mj-00766-EJY
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12 Plaintiff, )
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v. )
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BRYAN ROBINSON, )
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Defendant. )
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____________________________________)
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STIPULATION AND ORDER TO CONTINUE PRELIMINARY EXAMINATION
19 IT IS HEREBY STIPULATED AND AGREED by and between DUSTIN R.
20 MARCELLO, ESQ. Counsel for Defendant BRYAN ROBINSON and JAMIE MICKELSON,
21 Assistant United States Attorney, that Preliminary Examination currently scheduled for
22 September 15, 2020 at 4:00 p.m., be vacated and reset to a date and time convenient to the court
23 but no earlier than sixty (50) days.
24 This Stipulation is entered into for the following reasons:
25 1. Counsel has spoken to Defendant and he has no objection to the request for
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continuance.
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2. Defendant is currently out on pretrial release.
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Case 2:20-mj-00766-EJY Document 13 Filed 09/15/20 Page 2 of 4
1 3. Counsel for defendant has spoken to AUSA and she has no objection to the
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continuance.
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4. Counsel needs additional time to adequately review the case.
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5. Denial of this request for continuance could result in a miscarriage justice.
6 6. For all the above-stated reasons, the ends of justice would best be served by a
7 continuance of the Preliminary Examination until a date and time convenient to the
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court.
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This is the first request for continuance filed herein.
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11 DATED: September 14, 2020
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/S/ /S/
14 DUSTIN R. MARCELLO, ESQ. JAMIE MICKLESON, ESQ.
601 Las Vegas Boulevard, South ASSISTANT UNITED STATES ATTORNEY
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Las Vegas, Nevada 89101 500 LAS VEGAS BOULEVARD SOUTH. #1200
16 ATTORNEY FOR THE DEFENDANT LAS VEGAS, NEVADA 89101
BRYAN ROBINSON ATTORNEY FOR UNITED STATES OF
17 AMERICA
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Case 2:20-mj-00766-EJY Document 13 Filed 09/15/20 Page 3 of 4
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UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA
***
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UNITED STATES OF AMERICA, ) 2:20-MJ-00766-EJY
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6 Plaintiff, )
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v. )
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BRYAN ROBINSON, )
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Defendant. )
____________________________________)
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FINDINGS OF FACT
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Based on the pending Stipulation of counsel, and good cause appearing therefore, the
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Court finds:
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This Stipulation is entered into for the following reasons:
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1. Counsel has spoken to Defendant and he has no objection to the request for
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continuance.
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18 2. Defendant is currently out on pretrial release.
19 3. Counsel for defendant has spoken to AUSA and she has no objection to the
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continuance.
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4. Counsel needs additional time to adequately review the case.
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5. Denial of this request for continuance could result in a miscarriage justice.
24 6. For all the above-stated reasons, the ends of justice would best be served by a
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continuance of the Preliminary Examination until a date and time convenient to the
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court.
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This is the first request for continuance filed herein.
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Case 2:20-mj-00766-EJY Document 13 Filed 09/15/20 Page 4 of 4
1 CONCLUSIONS OF LAW
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Denial of this request for continuance would deny the parties herein the opportunity
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to effectively and thoroughly prepare for Probation Revocation Hearing.
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Additionally, denial of this request for continuance could result in a miscarriage of
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justice.
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ORDER
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IT IS HEREBY ORDERED that the Preliminary Examination currently scheduled for
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September 15, 2020, at 4:00 p.m., be continued to the 16th day
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November
of__________________________, 2020 at 4:00 p.m. _ , in courtroom 3B.
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13 September
15th day of _____________________,
DATED this ______ 2020.
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________________________________________
16 U.S. MAGISTRATE JUDGE
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