Stipulation to Extend Deadlines to Conduct Preliminary Hearing and File Indictment (Second Request) — United States v. Shavonte Hill, No. 2:22-mj-726-BNW (Dkt. 16, D. Nev.)

Summary

In this second stipulation, filed 12/02/22 in United States v. Shavonte Hill (D. Nev., Case No. 2:22-mj-726-BNW), Assistant United States Attorney Kimberly M. Frayn and defense counsel Andrew Leavitt ask the court to vacate the preliminary hearing set for December 9, 2022 and continue it for forty-five (45) days. The stipulation says Leavitt was recently retained, and that the defendant and counsel need time to review the discovery, conduct follow-up investigation, consider pretrial motions and investigate potential defenses. Hill, in custody, agrees to extend the 14-day preliminary hearing deadline under Rule 5.1(c) and the 30-day indictment deadline under 18 U.S.C. § 3161(b), and the parties agree the time is excludable under the Speedy Trial Act. A proposed order is attached.

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Case 2:22-mj-00726-BNW Document 15
16 Filed 12/02/22 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 (Second 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
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Defendant Shavonte Hill, that the Court vacate the Preliminary Hearing schedule for
18
December 9, 2022, and continue it for 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
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 15
16 Filed 12/02/22 Page 2 of 4

1 1. Andrew Leavitt was recently retained as counsel in this case. Defendant and

2 Mr. Leavitt, Esq. need additional time to review the discovery, conduct any necessary

3 follow up investigation, and engage in pretrial motion practice, if warranted, before the

4 Preliminary Hearing.

5 2. 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 3. 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 times . . . .”

12 4. 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 5. Additionally, Defendant needs additional time to investigate potential

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

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

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

20 December 9, 2022.

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

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

23 § 3161(b), provided that the information or indictment is filed on or before the date ordered

24 pursuant to this stipulation.

2
Case 2:22-mj-00726-BNW Document 15
16 Filed 12/02/22 Page 3 of 4

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

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

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

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

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

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

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

8 § 3161(h)(7)(B)(i) and (iv).

9 11. This is the second request for an extension of the deadlines by which to

10 conduct the preliminary hearing and to file an indictment.

11 DATED this 2nd day of December, 2022.

12 Respectfully submitted,

13 JASON M. FRIERSON
United States Attorney
14
/s/Andrew Leavitt, Esq. /s/Kimberly M. Frayn
15 ANDREW LEAVITT, ESQ. KIMBERLY M. FRAYN
Counsel for Defendant HILL Assistant United States Attorney
16

3
Case 2:22-mj-00726-BNW Document 15
16 Filed 12/02/22 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):
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IT IS THEREFORE ORDERED that the preliminary hearing currently scheduled
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for December 9, 2022 be vacated and continued to January
___________
25, at the at
2022
2023 hour of p.m.
2:30 _______.
in Courtroom 3B.
16
December 2022.
2nd day of __________,
DATED this ___
17

18 UNITED STATES MAGISTRATE JUDGE
19

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