Order, Stipulation to Continue Preliminary Hearing — United States v. Alexander Hoyos Rivera, No. 2:21-mj-1027-DJA (Dkt. 89, D. Nev.)

Summary

The government, through prosecutor Jim W. Fang, and Alexander Hoyos Rivera, through counsel Ivette Amelburu Maningo, stipulated on March 3, 2023 to postpone the preliminary hearing set for March 6, 2023 in District of Nevada Case No. 2:21-mj-1027-DJA by no less than 90 days. The stipulation says the parties have resolved the matter and that Hoyos Rivera's waiver of indictment, filing of an information, initial appearance and change of plea is set for March 20, 2023. Hoyos Rivera is not in custody and agrees, and the parties say the added time is excludable under the Speedy Trial Act. The attached findings and order, dated the 3rd day of March, 2023 over the name of Magistrate Judge Daniel J. Albregts, continues the hearing to June 5, 2023, in Courtroom 3A.

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Full text

Case 2:21-mj-01027-DJA Document 88
89 Filed 03/03/23 Page 1 of 4

LAW OFFICES OF IVETTE AMELBURU MANINGO
1 IVETTE AMELBURU MANINGO, ESQ.
2 NEVADA BAR NO.: 7076
400 S. Fourth Street, Ste. 500
3 Las Vegas, NV 89101
Tele.: (702) 793-4046
4
Fax: (844) 793-4046
5 Email: iamaningo@iamlawnv.com
Attorney for Defendant
6
7
UNITED STATES DISTRICT COURT
8
DISTRICT OF NEVADA
9
10 UNITED STATES OF AMERICA, CASE NO.: 2:21-mj-1027-DJA

11 Plaintiff,
vs. Stipulation to Continue Preliminary
ORDER
12
Hearing
13 ALEXANDER HOYOS RIVERA,

14 Defendant.
15
16 It is hereby stipulated and agreed, by and between Jason M. Frierson, United
17
States Attorney, through Jim W. Fang, Assistant United States Attorney and Ivette
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Amelburu Maningo, Esq., counsel for Defendant Alexander Hoyos Rivera, that the
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preliminary hearing in the above-captioned matter, scheduled for March 6, 2023, at 4:00
20
21 p.m., be vacated and continued until a time convenient to the Court, but no earlier than

22 90 days from the current setting.
23
1. Federal Rule of Criminal Procedure Rule 5.1(d) provides that “[w]ith the
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defendant’s consent and upon a showing of good cause—taking into account the public
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26 interest in the prompt disposition of criminal cases—a magistrate judge may extend

27 the time limits [for preliminary hearings] one or more times.” Here, the parties have
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resolved this matter and Defendant Hoyos Rivera’s Waiver of Indictment, Filing of an
Case 2:21-mj-01027-DJA Document 88
89 Filed 03/03/23 Page 2 of 4

Information, Initial Appearance and Change of Plea is currently scheduled for March
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2 20, 2023. As such, the parties request a continuance of the preliminary hearing in this

3 matter until a time convenient to the Court, but no earlier than 90 days from the
4 current setting.
5
6 3. This continuance is not sought for the purposes of delay, but to allow the
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Defendant to proceed to a Change of Plea as scheduled on March 20, 2023.
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9 4. The Defendant is not in custody and agrees to the continuance.
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11 5. Denial of this request could result in a miscarriage of justice, and the ends of
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justice served by granting this request outweigh the best interest of the public and the
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Defendant in a speedy trial.
14
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6. The additional time requested by this stipulation is excludable in computing
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the time within which indictment must be filed pursuant to the Speedy Trial Act, 18
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18 U.S.C. § 3161(b), and considering the factors under 18 U.S.C. § 3161(h)(7)(A) and (B)(i)

19 and (iv).
20 DATED this 3rd day of March, 2023.
21
JASON M. FRIERSON
22 United States Attorney
/s/Jim W. Fang
23 JIM W. FANG
24 Assistant United States Attorney
Counsel for the United States
25
/s/ Ivette Amelburu Maningo
26
IVETTE AMELBURU MANINGO, ESQ.
27 Counsel for Defendant Hoyos Rivera

2
Case 2:21-mj-01027-DJA Document 88
89 Filed 03/03/23 Page 3 of 4

1 LAW OFFICES OF IVETTE AMELBURU MANINGO
IVETTE AMELBURU MANINGO, ESQ.
2
NEVADA BAR NO.: 7076
3 400 S. Fourth Street, Ste. 500
Las Vegas, NV 89101
4 Tele.: (702) 793-4046
5 Fax: (844) 793-4046
Email: iamaningo@iamlawnv.com
6 Attorney for Defendant
7
8 UNITED STATES DISTRICT COURT

9 DISTRICT OF NEVADA
10
UNITED STATES OF AMERICA, CASE NO.: 2:21-mj-1027-DJA
11
Plaintiff,
12 vs. Findings and Order
13
ALEXANDER HOYOS RIVERA,
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Defendant.
15
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Based on the pending Stipulation between the Defense and the Government, and
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good cause appearing therefore, the Court hereby finds that:
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19 1. The Defendant and the Government have resolved this matter and Defendant

20 Hoyos Rivera’s Waiver of Indictment, Filing of an Information, Initial Appearance and
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Change of Plea is currently scheduled for March 20, 2023.
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23 2. As such, the parties request a continuance of the preliminary hearing in this
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matter until a time convenient to the Court, but no earlier than 90 days from the
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current setting.
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27
3. Counsels agree to the continuance.
28

3
Case 2:21-mj-01027-DJA Document 88
89 Filed 03/03/23 Page 4 of 4

4. Defendant is not in custody and agrees to the continuance.
1
2
5. The continuance is not sought for the purposes of delay, but to allow the
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Defendant to proceed to a Change of Plea as scheduled on March 20, 2023.
4
5
6. Denial of this request could result in a miscarriage of justice, and the ends of
6
7 justice served by granting this request outweigh the best interest of the public and the

8 Defendants in a speedy trial.
9
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7. The additional time requested by this stipulation is excludable in computing
11
the time within which indictment must be filed pursuant to the Speedy Trial Act, 18
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13 U.S.C. § 3161(b), and considering the factors under 18 U.S.C. § 3161(h)(7)(A) and (B)(i)

14 and (iv).
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THEREFORE, IT IS HEREBY ORDERED that the preliminary hearing in the
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above-captioned matter currently scheduled for March 6, 2023, at 4:00 p.m. be vacated
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18 and continued to June 5, 2023,
_________________________,
at 4:00 p.m., at _______.
Courtroom 3A.
3rd March
19 DATED this _____ day of _______________, 2023.

20
21 _______________________________________
22 HONORABLE DANIEL J. ALBREGTS
UNITED STATES MAGISTRATE JUDGE
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