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KATHRYN N. NESTER, Federal Public Defender (#13967)
ROBERT K. HUNT, Assistant Federal Public Defender (#5722)
KRISTEN R. ANGELOS, Assistant Federal Public Defender (#8314)
FEDERAL PUBLIC DEFENDER
DISTRICT OF UTAH
Attorneys for Lyle Steed Jeffs
46 West Broadway, Suite 110
Salt Lake City, Utah 84101
Telephone: (801) 524-4010
Fax: (801) 524-4060
________________________________________________________________________
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH, CENTRAL DIVISION

UNITED STATES OF AMERICA,

DEFENDANT LYLE JEFFS’ RESPONSE
TO CO-DEFENDANT HYRUM DUTSON’S
MOTION TO CONTINUE THE CURRENT
TRIAL

Plaintiff,
v.
LYLE STEED JEFFS,

Case No. 2:16 CR 00082 TS-1

Defendant.

Defendant, Lyle Steed Jeffs (“Mr. Jeffs”), by and through his counsel of record, Kathryn N.
Nester, Robert K. Hunt, and Kristen R. Angelos, hereby responds to Co-Defendant Hyrum
Dutson’s Motion to Continue the Current Trial Date as follows:
1. Co-Defendant Hyrum Dutson filed a Motion to Continue the Current Trial Date on
August 17, 2016. (Doc. #475) On August 18, 2016, this Honorable Court entered an
Order directing all Defendants wishing to join the Motion to do so on or before August
1

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22, 2016, and all parties wishing to oppose the Motion to do so before August 24, 2016.
(Doc. # 477)
2. Local Rule DUCrimR 12-1(h)(8) requires that any Motion to Continue a Trial Date (or
joinder thereto) filed by a Defendant must state within the Motion that the Defendant
agrees to said continuance.
3. As this Court is well aware, Mr. Jeffs is currently not available to inform his counsel
whether or not he agrees to the Continuance. Whether his absence is based on
absconding, as oft alleged by the Government in their filings, or whether he was taken
and secreted against his will, or whether he experienced the miracle of rapture is
unknown to counsel. However, his absence prevents counsel from obtaining his
approval and thus further prevents counsel from filing a joinder with the Motion to
Continue Current Trial Date in compliance with the local rules.
4. Pursuant to 18 USC §3161(h)(3)(A-B), any period of delay resulting from the absence
of a Defendant is excluded from the time within which trial must be commenced.
Therefore, even though Defendant is not available to express his approval of the request
for the continuance, undersigned counsel have no objection thereto as the practical
effect on the Speedy Trial Act would be the same whether Defendant joined the Motion
or declined to do, as long as he remains absent.
WHEREFORE, PREMISES CONSIDERED, counsel for Defendant Lyle Jeffs
hereby notify this Honorable Court that they offer no objection to Hyrum Dutson’s Motion
for Continuance of Current Trial Date and that they acknowledge that any period of delay
resulting from Mr. Jeffs’ absence will be excluded from the time within which this case
2

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must proceed to trial against him pursuant to the Speedy Trial Act.
RESPECTFULLY SUBMITTED this 22nd day of August 2016.

/s/ Kathryn N. Nester
Kathryn N. Nester
Federal Public Defender

3