Stipulation to Extend Deadlines to Conduct Preliminary Hearing and File Indictment (Fifth Request) — United States v. Shavonte Hill, No. 2:22-mj-726-BNW (Dkt. 27, D. Nev.)

Summary

In this fifth request, filed April 28, 2023 in the District of Nevada, Assistant United States Attorney Kimberly M. Frayn and defense counsel Andrew Leavitt stipulate to vacate Shavonte Hill's preliminary hearing set for May 4, 2023 and continue it for 30 days, extending the deadlines to hold a preliminary hearing within 14 days of a detained defendant's initial appearance and to file an information or indictment within 30 days of arrest. The parties say the defense needs more time to review discovery and investigate, and that Hill is considering a written plea agreement the government has provided. Hill, who is in custody, agrees to the extension, and the parties agree the time is excludable under the Speedy Trial Act. A proposed order for Magistrate Judge Brenda N. Weksler follows the stipulation.

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Full text

Case 2:22-mj-00726-BNW Document 26
27 Filed 04/28/23 Page 1 of 4

1 JASON M. FRIERSON
United States Attorney
2 Nevada Bar No. 7709
KIMBERLY M. FRAYN
3 Assistant United States Attorney
501 Las Vegas Boulevard South, Suite 1100
4 Las Vegas, Nevada 89101
Tel: 702.388.6336/ Fax: 702.388.6418
5 Kimberly.Frayn@usdoj.gov
Attorneys for the United States
6

7 UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
8
UNITED STATES OF AMERICA, Case No. 2:22-mj-726-BNW00000-XXX
9
Plaintiff, Stipulation to Extend Deadlines to
10 Conduct Preliminary Hearing and
v. File Indictment
11 (Fifth Request)
SHAVONTE HILL,
12
Defendant.
13

14
IT IS HEREBY STIPULATED AND AGREED, by and between Jason M.
15
Frierson, United States Attorney, and Kimberly M. Frayn, Assistant United States
16
Attorney, counsel for the United States of America, and Andrew Leavitt, Esq., counsel for
17
Defendant Shavonte Hill, that the Court vacate the Preliminary Hearing schedule for May
18
4, 2023, and continue it for 30 days. This request requires that the Court extend two
19
deadlines: (1) that a preliminary hearing be conducted within 14 days of a detained
20
defendant’s initial appearance, see Fed. R. Crim. P. 5.1(c); and (2) that an information or
21
indictment be filed within 30 days of a defendant’s arrest, see 18 U.S.C. § 3161(b).
22
This stipulation is entered into for the following reasons:
23

24
Case 2:22-mj-00726-BNW Document 26
27 Filed 04/28/23 Page 2 of 4

1 1. Defendant and Mr. Leavitt, Esq. need additional time to review the

2 discovery, conduct any necessary follow up investigation, and engage in pretrial motion

3 practice, if warranted, before the Preliminary Hearing. Also, the parties are continuing to

4 communicate to see if this matter can be resolved by plea negotiation and defendant is

5 considering a written plea agreement, which the government has provided. If so, the

6 preliminary hearing could be vacated to conserve judicial resources once a change of plea

7 hearing is held.

8 2. Under Federal Rule of Criminal Procedure 5.1(c), the Court “must hold the

9 preliminary hearing within a reasonable time, but no later than 14 days after the initial

10 appearance if the defendant is in custody . . . .”

11 3. However, under Rule 5.1(d), “[w]ith the defendant’s consent and upon a

12 showing of good cause—taking into account the public interest in the prompt disposition of

13 criminal cases—a magistrate judge may extend the time limits in Rule 5.1(c) one or more

14 times . . . .”

15 4. Furthermore, under the Speedy Trial Act, 18 U.S.C. § 3161(b), “[a]ny

16 information or indictment charging an individual with the commission of an offense shall be

17 filed within thirty days from the date on which such individual was arrested or served with a

18 summons in connection with such charges.”

19 5. Additionally, Defendant needs additional time to investigate potential

20 defenses to make an informed decision as to how to proceed.

21 6. Accordingly, the parties jointly request that the Court schedule the

22 preliminary hearing in this case no sooner than 30 days from the current hearing date, May

23 4, 2023.

2
Case 2:22-mj-00726-BNW Document 26
27 Filed 04/28/23 Page 3 of 4

1 7. Defendant is in custody and agrees to the extension of the 14-day deadline

2 imposed by Rule 5.1(c) and waives any right to remedies under Rule 5.1(c) or 18 U.S.C.

3 § 3161(b), provided that the information or indictment is filed on or before the date ordered

4 pursuant to this stipulation.

5 8. The parties agree to the extension of that deadline.

6 9. Accordingly, the additional time requested by this stipulation is allowed

7 under Federal Rule of Criminal Procedure 5.1(d).

8 10. In addition, the parties stipulate and agree that the time between today and

9 the preliminary hearing is excludable in computing the time within which the defendant

10 must be indicted, and the trial herein must commence pursuant to the Speedy Trial Act, 18

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

12 and (iv).

13 11. This is the fifth request for an extension of the deadlines by which to conduct

14 the preliminary hearing and to file an indictment.

15 DATED this 27th day of April, 2023.

16 Respectfully submitted,

17 JASON M. FRIERSON
United States Attorney
18
/s/Andrew Leavitt, Esq. /s/Kimberly M. Frayn
19 ANDREW LEAVITT, ESQ. KIMBERLY M. FRAYN
Counsel for Defendant HILL Assistant United States Attorney
20

3
Case 2:22-mj-00726-BNW Document 26
27 Filed 04/28/23 Page 4 of 4

1 UNITED STATES DISTRICT COURT
2 DISTRICT OF NEVADA

3 UNITED STATES OF AMERICA, Case No. 2:22-mj-726-BNW00000

4 Plaintiff, [Proposed] Order on Stipulation to
Extend Deadlines to Conduct
5 v. Preliminary Hearing and
File Indictment
6 SHAVONTE HILL,

7
Defendant.
8

9
Based on the stipulation of counsel, good cause appearing, and the best interest of
10
justice being served; the time requested by this stipulation being excludable in computing
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the time within which the defendant must be indicted and the trial herein must commence
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pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(b) and (h)(7)(A), and Federal Rule of
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Criminal Procedure 5.1, considering the factors under 18 U.S.C. § 3161(h)(7)(B)(i) and (iv):
14
IT IS THEREFORE ORDERED that the preliminary hearing currently scheduled
15
for May 4, 2023 be vacated and continued to June
___________ at at
12, 2023 the1:00
hour of
p.m._______.
16
DATED this
DATED: April___
28,day of __________, 2023.
2023.
17

18 BRENDA N. WEKSLER
UNITED STATES MAGISTRATE JUDGE
19

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