Order, Stipulation to Continue the Preliminary Hearing (Fifth Request) — United States v. Luigi J. Montes et al., No. 2:21-mj-1027-DJA (Dkt. 85, D. Nev.)

Summary

In this stipulation dated November 30, 2022 in United States v. Luigi J. Montes, Alexander Hoyos Rivera and Peter Alexander Stincer, Case No. 2:21-mj-1027-DJA (D. Nev.), the government and counsel for all three defendants agree to vacate the preliminary hearing set for December 5, 2022 at 4:00 p.m. and continue it to no earlier than 90 days from that setting. The parties state that all defendants and the government have agreed to plea terms for each defendant without an indictment and need time to finalize the agreements and present them to the district court. The defendants are not in custody and agree, and the parties say the time is excludable under the Speedy Trial Act, 18 U.S.C. § 3161(b). The findings and order for Magistrate Judge Daniel J. Albregts, filed 12/01/22, find good cause and continue the hearing to March 6, 2023 at 4:00 p.m.

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Case 2:21-mj-01027-DJA Document 84
85 Filed 11/30/22
12/01/22 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 (Fifth 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 December 5, 2022, at 4:00 p.m., be vacated and

22 continued until a time convenient to the Court, but no earlier than 90 days from the current

23 setting.

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Case 2:21-mj-01027-DJA Document 84
85 Filed 11/30/22
12/01/22 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, all defendants and the government have agreed as to the terms

8 of plea for each defendant without an indictment. The parties still need time to finalize and

9 execute the agreements, and provide the agreements to the district court for consideration,

10 review, and acceptance. As such, the parties request a continuance of the preliminary

11 hearing in this matter until a time convenient to the Court, but no earlier than 90 days from

12 the current setting.

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

14 parties with additional time to resolve the matter pre-indictment.

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

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

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

18 defendants in a speedy trial.

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Case 2:21-mj-01027-DJA Document 84
85 Filed 11/30/22
12/01/22 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 30th day of November, 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

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Case 2:21-mj-01027-DJA Document 84
85 Filed 11/30/22
12/01/22 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. All defendants and the government have agreed as to the terms of plea for

13 each defendant without an indictment. The parties still need time to finalize and execute the

14 agreements, and provide the agreements to the district court for consideration, review, and

15 acceptance. The Court finds good cause to continue the hearing to allow the parties to

16 resolve the matter pre-indictment.

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

18 continuance.

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

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

21 parties to resolve the matter pre-indictment.

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

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

24 defendants in a speedy trial.
4
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Case 2:21-mj-01027-DJA Document 84
85 Filed 11/30/22
12/01/22 Page 5 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 THEREFORE, IT IS HEREBY ORDERED that the preliminary hearing in the

5 above-captioned matter currently scheduled for December 5, 2022, at 4:00 p.m. be vacated

6 and continued to March 6, 2023,
_________________________,
at 4:00 p.m., at _______. 3A.
Courtroom
1st
7 DATED this _____ day of December
_______________, 2022.

9 _______________________________________
HONORABLE DANIEL J. ALBREGTS
10 UNITED STATES MAGISTRATE JUDGE

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