Order, Stipulation to Continue the Preliminary Hearing (Second Request) — United States v. Luigi J. Montes et al., No. 2:21-mj-1027-DJA (Dkt. 42, D. Nev.)

Summary

A stipulation and 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. The parties, through Assistant United States Attorney Jim W. Fang and defense counsel, stipulated on April 14, 2022 to postpone the preliminary hearing set for April 25, 2022 at 4:00 p.m. by no less than 90 days, so that defense counsel could review voluminous Rule 16 discovery produced under a protective order and explore a pre-indictment resolution. The defendants are not in custody and agree to the continuance. In the findings and order, filed April 18, 2022 over the name of United States Magistrate Judge Daniel J. Albregts, the Court finds good cause, excludes the time under the Speedy Trial Act, 18 U.S.C. § 3161(b), and continues the hearing to July 25, 2022 at 4:00 p.m.

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Case 2:21-mj-01027-DJA Document 41
42 Filed 04/15/22
04/18/22 Page 1 of 5

1 CHRISTOPHER CHIOU
Acting United States Attorney
2 Nevada Bar Number 14853
JIM W. FANG
3 Assistant United States Attorney
501 Las Vegas Blvd. South, Ste. 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, Stipulation to Continue the Preliminary
ORDER
Hearing (Second 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 Christopher Chiou, Acting United

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

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

19 Esq., 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 April 25, 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.

24
Case 2:21-mj-01027-DJA Document 41
42 Filed 04/15/22
04/18/22 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 discovery was

9 voluminous and was only recently produced under a protective order granted by this Court.

10 Defense counsels will need additional time to review the discovery and discuss the case with

11 their clients prior to a preliminary hearing, indictment, or to reach a pre-indictment

12 resolution.

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

14 counsels an opportunity to examine the merits of this case before a potential resolution can

15 be reached between the parties.

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

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

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

19 defendants in a speedy trial.

20 ///

21 ///

22 ///

23 ///

24 ///
2
Case 2:21-mj-01027-DJA Document 41
42 Filed 04/15/22
04/18/22 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 14th day of April, 2022.

5 CHRISTOPHER CHIOU
Acting 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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3
Case 2:21-mj-01027-DJA Document 41
42 Filed 04/15/22
04/18/22 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. Defense counsels will need additional time to review the

15 discovery and discuss the case with their clients prior to a preliminary hearing or

16 indictment. The Court finds good cause to continue the hearing to allow the parties to reach

17 a pre-indictment resolution.

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

19 continuance.

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

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

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

23 be reached between the parties.

24
4
Case 2:21-mj-01027-DJA Document 41
42 Filed 04/15/22
04/18/22 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 April 25, 2022, at 4:00 p.m. be vacated and

9 continued to July 25, 2022,
_________________________,
at 4:00 p.m., at _______.3A.
Courtroom
18th April
10 DATED this _____ day of _______________, 2022.

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

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