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  • Lyle Jeffs Response To Motion To Continue

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    Ben Winslow
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    A reply by Lyle Jeffs attorney to a motion to continue the FLDS food stamp fraud trial.

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    Lyle Jeffs response to motion to continue

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    A reply by Lyle Jeffs attorney to a motion to continue the FLDS food stamp fraud trial.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    16K views3 pages

    Lyle Jeffs Response To Motion To Continue

    Uploaded by

    Ben Winslow
    A reply by Lyle Jeffs attorney to a motion to continue the FLDS food stamp fraud trial.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 3

    !

    aaassseee 222:::111666---cccrrr---000000000888222---TTTSSS---RRRTTTBBB DDDooocccuuummmeeennnttt 555000777 FFFiiillleeeddd 000888///222222///111666 PPPaaagggeee 111 ooofff 333

    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 DUTSONS
    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
    Dutsons 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

    !aaassseee 222:::111666---cccrrr---000000000888222---TTTSSS---RRRTTTBBB DDDooocccuuummmeeennnttt 555000777 FFFiiillleeeddd 000888///222222///111666 PPPaaagggeee 222 ooofff 333

    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 Dutsons 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

    !aaassseee 222:::111666---cccrrr---000000000888222---TTTSSS---RRRTTTBBB DDDooocccuuummmeeennnttt 555000777 FFFiiillleeeddd 000888///222222///111666 PPPaaagggeee 333 ooofff 333

    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

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