Opinion
Case No.: 1:11-CR-352 LJO-SKO
04-11-2013
UNITED STATES OF AMERICA, Plaintiff, v. MARK BAGDASARIAN, RYAN BAGDASARIAN, Defendants.
BENJAMIN B. WAGNER United States Attorney ELANA S. LANDAU Assistant United States Attorney Anthony P. Capozzi Attorney for Defendant Mark Bagdasarian Charles J. Lee Attorney for Defendant Ryan Bagdasarian
ANTHONY P. CAPOZZI, CSBN: 068525
NICHOLAS A. CAPOZZI, CSBN: 275568
LAW OFFICES OF ANTHONY P. CAPOZZI
1233 W. Shaw Avenue, Suite 102
Fresno, California 93711
Telephone: (559) 221-0200
Facsimile: (559) 221-7997
E-mail: anthony@capozzilawoffices.com
Attorney for Defendant,
MARK BAGDASARIAN
AMENDED STIPULATION AND
ORDER TO CONTINUE STATUS CONFERENCE HEARING
DATE: April 15, 2013
Hon. Shiela K. Oberto
The United States of America, by and through Benjamin B. Wagner, United States Attorney, and Elana S. Landau, Assistant United States Attorney, and the defendants, by and through their attorneys, hereby stipulate and agree that the status conference in this case, previously scheduled for April 15, 2013, at 1:00 p.m., be continued until June 3, 2013, at 1:00 p.m. before the Honorable Sheila K. Oberto.
The reason for this request is the parties' need further plea negotiations. The parties have agreed that the requested date represents the earliest date that all counsel are available, taking into account their schedules and commitments to other clients, and the need for preparation in the case.
The parties agree that time shall be excluded to and through the date of the status conference in that failure to grant the requested continuance would unreasonably deny the defendants continuity of counsel, and unreasonably deny both the defendants and the government the reasonable time necessary for effective preparation, taking into account the parties' due diligence in prosecuting this case and that, based on the reasons articulated, that the continuance in the "ends of justice" outweighs the interest of the public and defendant in a speedy trial under the Speedy Trial Act. 18 U.S.C. §3161(h)(7)(B)(iv).
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
______________________
ELANA S. LANDAU
Assistant United States
Attorney
______________________
Anthony P. Capozzi
Attorney for Defendant
Mark Bagdasarian
______________________
Charles J. Lee
Attorney for Defendant
Ryan Bagdasarian
ORDER
For the reasons set forth above, the continuance requested by the parties is granted for good cause and time is excluded under the Speedy Trial Act from April 15, 2013, to, and including, June 3, 2013, based upon the Court's finding that the ends of justice outweigh the public's and defendant's interest in a speedy trial. 18 U.S.C. §3161 (h)(7)(A).
IT IS ORDERED that the Status Conference currently scheduled for April 15, 2013, at 1:00 p.m. is continued to June 3, 2013, 1:00 p.m. If the parties are unable to resolve the case before that date, they shall be prepared to select a mutually agreeable trial date before United States District Judge Lawrence J. O' Neill. IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE