USA v. Pereida-Castellon et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
NORTHEASTERN DIVISION
United States of America, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Monique Azure, 	) 	Case No. 2:08-mj-061
)
Defendant. 	)
______________________________________________________________________________
The Defendant made her initial appearance before Magistrate Judge Alice R. Senechal in the
case at bar on August 11, 2008. 	There, the Government moved to detain the Defendant and
requested that the detention hearing be continued for a period of up to three days. Finding good
cause for granting such a continuance, Magistrate Judge Senechal ordered the Defendant detained
pending a hearing on August 15, 2008.
The court convened a combined preliminary hearing and detention hearing in the above-
entitled action on August 15, 2008. AUSA Chris Myers appeared on the Government’s behalf.
Attorney Lee Finstad appeared on the Defendant’s behalf. 	At the outset of the hearing the
Government moved for a continuance of the preliminary hearing until August 21, 2008, which the
court GRANTED over the Defendant’s objection. 	After consulting with defense counsel, the
Defendant subsequently requested that the court also continue the detention hearing until August
21, 2008. The Government did not object.
Title 18 of the United States Code, Section 3142(f)(2) provides the following in relevant part:
[A detention] hearing “shall be held immediately upon the person’s first appearance
before the judicial officer unless that person, or the attorney for the Government
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seeks a continuance. Except for good cause show a continuance on motion of such
person may not exceed five days (not including any intermediate Saturday, Sunday,
or legal holiday), and a continuance on motion of the attorney for the Government
may not exceed three days (not including any intermediate Saturday, Sunday, or
legal holiday.”
18 U.S.C. § 3142(f)(2). The court has inquired of the Defendant and is satisfied that her request for
a continuance in excess of the five days provided by statute was made knowingly and intelligently,
freely and voluntarily, and with the advice of counsel. 	There being no objection from the
Government, the court GRANTS the Defendant’s request. The Defendant’s preliminary hearing
and detention hearing shall be rescheduled for August 21, 2008, at 1:30 p.m. in Grand Forks, North
Dakota, before Magistrate Judge Senechal.
IT IS SO ORDERED.
Dated this 15th day of August, 2008.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court
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