Order — No. 2:21-mj-01027 (Dkt. 72, D. Nev.)

Summary

A stipulation to continue the preliminary hearing (Fourth Request), with findings and a form of order, in United States v. Luigi J. Montes, Alexander Hoyos Rivera and Peter Alexander Stincer, Case No. 2:21-mj-1027-DJA, in the U.S. District Court for the District of Nevada, filed September 26, 2022 as Document 72 (5 pages). The parties ask to vacate the October 3, 2022 preliminary hearing at 4:00 p.m. because they are engaged in plea negotiations and the defendants need more time to review discovery, and the defendants are not in custody. The form of order, with the signature block of Magistrate Judge Daniel J. Albregts, would continue the hearing to December 5 at 4:00 p.m. in Courtroom 3A.

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“Order — No. 2:21-mj-01027 (Dkt. 72, D. Nev.).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/order-no-2-21-mj-01027-dkt-72-d-nev-3cfba9beea/, SHA-256 0dabea1bddf0289e596480e82eaa6ca37a1d208d96fff96e0b5b9c4390df2649.

Full text

Case 2:21-mj-01027-DJA Document 72 Filed 09/26/22 Page 1 of 5

1 JASON M. FRIERSON
United States Attorney
2 Nevada Bar Number 7709
JIM W. FANG
3 Assistant United States Attorneys
501 Las Vegas Boulevard South, Suite 1100
4 Las Vegas, Nevada 89101
Phone: (702) 388-6336
5 Email: jim.fang@usdoj.gov
Attorneys for the United States of America
6
UNITED STATES DISTRICT COURT
7 DISTRICT OF NEVADA

8 UNITED STATES OF AMERICA, Case No. 2:21-mj-1027-DJA

9 Plaintiff, ORDER
Stipulation to Continue the Preliminary
Hearing (Fourth Request)
10 v.

11 LUIGI J. MONTES,

12 ALEXANDER HOYOS RIVERA, and

13 PETER ALEXANDER STINCER,

14 Defendants.

16 It is hereby stipulated and agreed, by and between Jason M. Frierson, United States

17 Attorney, through Jim W. Fang, Assistant United States Attorney, Charles Medlin, Esq.

18 and Jess Marchese, Esq., counsel for Defendant Luigi J. Montes, Ivette A. Maningo, Esq.,

19 counsel for Defendant Alexander Hoyos Rivera, and Jacqueline M. Tirinnanzi, Esq.,

20 counsel for Defendant Peter Alexander Stincer, that the preliminary hearing in the above-

21 captioned matter, previously scheduled for October 3, 2022, at 4:00 p.m., be vacated and

22 continued until a time convenient to the Court, but no earlier than 60 days from the current

23 setting.

24
Case 2:21-mj-01027-DJA Document 72 Filed 09/26/22 Page 2 of 5

1 1. Federal Rule of Criminal Procedure Rule 5.1(d) provides that “[w]ith the

2 defendant’s consent and upon a showing of good cause—taking into account the public

3 interest in the prompt disposition of criminal cases—a magistrate judge may extend the time

4 limits [for preliminary hearings] one or more times.” Here, the parties desire to explore the

5 potential to resolve this matter before defendants are formally charged by a criminal

6 indictment.

7 2. In that regard, the government has provided defense counsels with limited

8 Rule 16 discovery in order to facilitate pre-indictment resolution. The parties are actively

9 engaged in plea negotiations, and defendants have expressed need for additional time to

10 review the discovery in order to explore the potential of reaching a pre-indictment resolution

11 and, if said negotiations prove fruitless, to adequately prepare for indictment and trial.

12 3. This continuance is not sought for the purposes of delay, but to provide the

13 parties with additional time to negotiate a pre-indictment resolution.

14 4. Defendants are not in custody and agree to the continuance.

15 5. Denial of this request could result in a miscarriage of justice, and the ends of

16 justice served by granting this request outweigh the best interest of the public and the

17 defendants in a speedy trial.

18 ///

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Case 2:21-mj-01027-DJA Document 72 Filed 09/26/22 Page 3 of 5

1 6. The additional time requested by this stipulation is excludable in computing

2 the time within which indictment must be filed pursuant to the Speedy Trial Act, 18 U.S.C.

3 § 3161(b), and considering the factors under 18 U.S.C. § 3161(h)(7)(A) and (B)(i) and (iv).

4 DATED this 26rd day of September, 2022.

5 JASON M. FRIERSON
United States Attorney
6
s/Jim W. Fang s/ Jess Marchese
7 JIM W. FANG JESS MARCHESE, ESQ.
Assistant United States Attorney Counsel for Defendant Montes
8 Counsel for the United States
s/ Ivette A. Maningo
9 IVETTE A. MANINGO, ESQ.
Counsel for Defendant Rivera
10
s/ Jacqueline M. Tirinnanzi
11 JACQUELINE M. TIRINNANZI, ESQ.
Counsel for Defendant Stincer
12

24
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Case 2:21-mj-01027-DJA Document 72 Filed 09/26/22 Page 4 of 5

1 UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
2
UNITED STATES OF AMERICA,
3
Plaintiff,
4
v. Case No. 2:21-mj-1027-DJA
5
LUIGI J. MONTES, FINDINGS AND ORDER
6
ALEXANDER HOYOS RIVERA, and
7
PETER ALEXANDER STINCER,
8
Defendants.
9

10 Based on the pending Stipulation between the defense and the government, and good

11 cause appearing therefore, the Court hereby finds that:

12 1. The parties desire to continue the preliminary hearing to facilitate pre-

13 indictment resolution, and the government has provided defense counsels with limited Rule

14 16 discovery for that purpose. The parties are actively engaged in plea negotiations, and

15 defendants have expressed need for additional time to review the discovery in order to

16 explore the potential of reaching a pre-indictment resolution and, if said negotiations prove

17 fruitless, to adequately prepare for indictment. The Court finds good cause to continue the

18 hearing to allow the parties to reach a pre-indictment resolution.

19 2. Both counsels for defendants and counsel for the government agree to the

20 continuance.

21 3. Defendants are not in custody and agree to the continuance.

22 4. The continuance is not sought for the purposes of delay, but to allow defense

23 counsel an opportunity to examine the merits of this case before a potential resolution can

24 be reached between the parties.
4
Case 2:21-mj-01027-DJA Document 72 Filed 09/26/22 Page 5 of 5

1 5. Denial of this request could result in a miscarriage of justice, and the ends of

2 justice served by granting this request outweigh the best interest of the public and the

3 defendants in a speedy trial.

4 6. The additional time requested by this stipulation is excludable in computing

5 the time within which indictment must be filed pursuant to the Speedy Trial Act, 18 U.S.C.

6 § 3161(b), and considering the factors under 18 U.S.C. § 3161(h)(7)(A) and (B)(i) and (iv).

7 THEREFORE, IT IS HEREBY ORDERED that the preliminary hearing in the

8 above-captioned matter currently scheduled for October 3, 2022, at 4:00 p.m. be vacated

9 and continued to December 5,
_________________________, at _______.
2022, at 4:00 p.m., Courtroom 3A.
26th September
10 DATED this _____ day of _______________, 2022.

12 _______________________________________
HONORABLE DANIEL J. ALBREGTS
13 UNITED STATES MAGISTRATE JUDGE

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