Stipulation to Extend Deadlines to Conduct Preliminary Hearing and File Indictment (First Request) — United States v. Shavonte Hill, No. 2:22-mj-00726-BNW-1 (Dkt. 11, D. Nev.)

Summary

In this stipulation filed 10/17/22 in United States v. Shavonte Hill (D. Nev., Case No. 2:22-mj-00726-BNW-1), Assistant United States Attorney Kimberly M. Frayn and Assistant Federal Public Defender Navid Afshar ask that the preliminary hearing set for October 25, 2022 be vacated and continued no sooner than forty-five (45) days. The parties ask the court to extend the 14-day deadline for a preliminary hearing under Rule 5.1(c) and the 30-day deadline to file an information or indictment under 18 U.S.C. § 3161(b). The reasons given are that defense counsel needs to receive and review discovery, government counsel has a scheduling conflict, and Hill, who is in custody, agrees to the continuance and waives remedies provided charges are filed by the date ordered. It is the first such request; a proposed order is attached.

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Full text

Case 2:22-mj-00726-BNW Document 10
11 Filed 10/17/22 Page 1 of 4

1 RENE L. VALLADARES
Federal Public Defender
2 State Bar No. 11479
NAVID AFSHAR
3 Assistant Federal Public Defender
411 E. Bonneville, Ste. 250
4 Las Vegas, Nevada 89101
(702) 388-6577/Phone
5 (702) 388-6261/Fax
Navid_Afshar@fd.org
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Attorney for Shavonte Hill
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8 UNITED STATES DISTRICT COURT
9 DISTRICT OF NEVADA
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UNITED STATES OF AMERICA, Case No. 2:22-mj-00726-BNW-1
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Plaintiff, Stipulation to Extend Deadlines to
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Conduct Preliminary Hearing and
v.
13 File Indictment
SHAVONTE HILL,
14 (First Request)
Defendant.
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IT IS HEREBY STIPULATED AND AGREED, by and between Jason M. Frierson,
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United States Attorney, and Kimberly M. Frayn, Assistant United States Attorney, counsel for
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the United States of America, and Rene L. Valladares, Federal Public Defender, and Navid
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Afshar, Assistant Federal Public Defender, counsel for Shavonte Hill, that the Preliminary
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Hearing currently scheduled on October 25, 2022, be vacated and continued to a date and time
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convenient to the Court, but no sooner than forty-five (45) days. This request requires that the
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Court extend two deadlines: (1) that a preliminary hearing be conducted within 14 days of a
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detained defendant’s initial appearance, see Fed. R Crim P. 5.1(c); and (2) that an information
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or indictment be filed within 30 days of a defendant’s arrest, see 18 U.S.C. § 3161(b).
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This Stipulation is entered into for the following reasons:
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Case 2:22-mj-00726-BNW Document 10
11 Filed 10/17/22 Page 2 of 4

1 1. Defense counsel needs to receive discovery and have an opportunity to review
2 for any relevant legal issues.
3 2. Counsel for government has scheduling conflict.
4 3. The defendant is in custody and agrees with the need for the continuance.
5 4. Under Federal Rule of Criminal Procedure 5.1(c), the Court “must hold the
6 preliminary hearing within a reasonable time, but no later than 14 days after the initial
7 appearance if the defendant is in custody…….”
8 5. However, under Rule 5.1(d), “[w]ith the defendant’s consent and upon a
9 showing of good cause – taking into account the public interest in the prompt disposition of
10 criminal cases – a magistrate judge may extend the time limits in Rule 5.1(c) one or more
11 time……..”
12 6. Furthermore, under the Speedy Trial Act, 18 U.S.C. § 3161(b), “[a]ny
13 information or indictment charging an individual with the commission of an offense shall be
14 filed within thirty days from the date on which such individual was arrested or served with a
15 summons in connection with such charges.”
16 7. Accordingly, the parties jointly requires that the Court schedule the preliminary
17 hearing in this case no sooner than 45 days from today’s date.
18 8. Defendant is in custody and agrees to the extension of the 14-day deadline
19 imposed by Rule 5.1(c) and waives any right to remedies under Rule 5.1(c) or 18 U.S.C. §
20 3161(b), provided that the information or indictment is filed on or before the date ordered
21 pursuant to this stipulation.
22 9. The parties agree to the extension of that deadline.
23 10. Accordingly, the additional time requested by this stipulation is allowed under
24 Federal Rule of Criminal Procedure 5.1(d).
25 11. In addition, the parties stipulate and agree that the time between today and the
26 scheduled preliminary hearing is excludable in computing the time within which the defendant
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Case 2:22-mj-00726-BNW Document 10
11 Filed 10/17/22 Page 3 of 4

1 must be indicted and the trial herein must commence pursuant to the Speedy Trial Act, 18
2 U.S.C. § 3161(b) and (h)(7)(A), considering the factors under 18 U.S.C. § 3161(h)(7)(B)(i) and
3 (iv).
4 12. This is the first request for an extension of the deadlines by which to conduct the
5 preliminary hearing and to file an indictment.
6 DATED this 17th day of October, 2022.
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8 RENE L. VALLADARES JASON M. FRIERSON
Federal Public Defender United States Attorney
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By /s/ Navid Afshar By /s/ Kimberly M. Frayn
11 NAVID AFSHAR KIMBERLY M. FRAYN
Assistant Federal Public Defender Assistant United States Attorney
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Case 2:22-mj-00726-BNW Document 10
11 Filed 10/17/22 Page 4 of 4

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

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UNITED STATES OF AMERICA, Case No. 2:22-mj-00726-BNW-1
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Plaintiff, [Proposed] Order on Stipulation to
5 Extend Deadlines to Conduct
v.
6 Preliminary Hearing and
SHAVONTE HILL, File Indictment
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Defendant.
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10 Based on the stipulation of counsel, good cause appearing, and the best interest of justice

11 being served; the time requested by this stipulation being excludable in computing the time

12 within which the defendants must be indicted and the trial herein must commence pursuant to

13 the Speedy Trial Act, 18 U.S.C. § 3161(b) and (h)(7)(A), and Federal Rule of Criminal

14 Procedure 5.1, considering the factors under 18 U.S.C. § 3161(h)(7)(B)(i) and (iv):

15 IT IS HEREBY ORDERED that the preliminary hearing currently scheduled for
December 9, 2022 at
16 Tuesday, October 25, 2022 at 4:00 p.m., be vacated and continued to ________________ at the

17 hour
3:00of ___:___ __.m.; or to a time and date convenient to the court
p.m.

18 DATED
DATED:this ___ day
October of2022.
17, October, 2022.

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UNITED STATES MAGISTRATE JUDGE
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