Stipulation to Extend Deadlines to Conduct Preliminary Hearing and File Indictment (Fourth Request) — United States v. Shavonte Hill, No. 2:22-mj-726-BNW (Dkt. 25, D. Nev.)

Summary

In this stipulation, filed in the District of Nevada and dated March 6, 2023, Assistant United States Attorney Kimberly M. Frayn and defense counsel Andrew Leavitt agree to vacate Shavonte Hill's preliminary hearing set for March 10, 2023 and continue it for forty-five (45) 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 a written plea agreement has been sent for the defendant's consideration. Hill, who is in custody, agrees to the extension. The caption calls it the fourth request; paragraph 11 calls it the third request. A proposed order follows the stipulation.

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Full text

Case 2:22-mj-00726-BNW Document 24
25 Filed 03/06/23
03/07/23 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 (Fourth 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
18
March10, 2023, and continue it for forty-five (45) days. This request requires that the Court
19
extend two deadlines: (1) that a preliminary hearing be conducted within 14 days of a
20
detained defendant’s initial appearance, see Fed. R. Crim. P. 5.1(c); and (2) that an
21
information or indictment be filed within 30 days of a defendant’s arrest, see 18 U.S.C.
22
§ 3161(b).
23
This stipulation is entered into for the following reasons:
24
Case 2:22-mj-00726-BNW Document 24
25 Filed 03/06/23
03/07/23 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 communicating

4 to see if this matter can be resolved by plea negotiation and a written plea agreement has

5 been sent for the defendant’s consideration. If so, the preliminary hearing could be vacated

6 to conserve judicial resources once a change of plea hearing is held.

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

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

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

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

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

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

13 times . . . .”

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

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

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

17 summons in connection with such charges.”

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

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

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

21 preliminary hearing in this case no sooner than 45 days from the current hearing date,

22 March 10, 2023.

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

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

2
Case 2:22-mj-00726-BNW Document 24
25 Filed 03/06/23
03/07/23 Page 3 of 4

1 § 3161(b), provided that the information or indictment is filed on or before the date ordered

2 pursuant to this stipulation.

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

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

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

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

7 the scheduled preliminary hearing is excludable in computing the time within which the

8 defendant must be indicted, and the trial herein must commence pursuant to the Speedy

9 Trial Act, 18 U.S.C. § 3161(b) and (h)(7)(A), considering the factors under 18 U.S.C.

10 § 3161(h)(7)(B)(i) and (iv).

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

12 the preliminary hearing and to file an indictment.

13 DATED this 6th day of March, 2023.

14 Respectfully submitted,

15 JASON M. FRIERSON
United States Attorney
16
/s/Andrew Leavitt, Esq. /s/Kimberly M. Frayn
17 ANDREW LEAVITT, ESQ. KIMBERLY M. FRAYN
Counsel for Defendant HILL Assistant United States Attorney
18

3
Case 2:22-mj-00726-BNW Document 24
25 Filed 03/06/23
03/07/23 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
11
the time within which the defendant must be indicted and the trial herein must commence
12
pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(b) and (h)(7)(A), and Federal Rule of
13
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 March 10, 2023 be vacated and continued to May
___________
4, 2023at
atthe hour
1:00 of _______.
p.m.
16
DATED
DATED: this
March___7,day of __________, 2023.
2023.
17

18 UNITED STATES MAGISTRATE JUDGE
19

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