Opinion
No. CR-S 11-369 JAM
03-04-2013
UNITED STATES OF AMERICA, Plaintiff, v. HUMBERTO LEPE CERVANTES, Defendant.
DINA L. SANTOS Attorney for Humberto Lepe Cervantes BENJAMIN B. WAGNER United States Attorney SAMUEL WONG Assistant United States Attorney Attorney for Plaintiff
DINA L. SANTOS, Bar #204200
A Professional Law Corporation
428 J Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 447-0160
Attorney for Defendant
HUMBERTO LEPE CERVANTES
STIPULATION AND ORDER VACATING
DATE, CONTINUING CASE, AND
EXCLUDING TIME
Date April 23, 2013
Judge: Hon. Mendez
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Samuel Wong, Counsel for Plaintiff, and Attorney Dina L. Santos, Counsel for Defendant Humberto Lepe Cervantes, that the status conference scheduled for March 5, 2013, be vacated and the matter be continued to this Court's criminal calendar on April 23, 2013 at 9:45 a.m. for further status and possible change of plea.
This continuance is requested by the defense in order to permit counsel to continue in negotiations with the prosecution in attempt to reach a resolution. We have recently received a pre-plea report from probation. Mr. Lepe Cervantes is housed in Butte County. Counsel for Mr. Lepe Cervantes needs to meet with him, along with a certified interpreter to review the findings of the pre-plea report and to discuss the next course of action in preparation for trial or for a change of plea.
The parties further stipulate and agree that the Court shall find that: (1) the failure to grant a continuance in this case would deny defendant and defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; (2) the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendant in a speedy trial; and (3) the time period from the date of this stipulation, March 4, 2013, to and including, the new status conference hearing of April 23, 2013, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), and Local Code T4 pertaining to defense preparation.
IT IS SO STIPULATED.
___________________
DINA L. SANTOS
Attorney for
Humberto Lepe Cervantes
BENJAMIN B. WAGNER
United States Attorney
By: ___________________
SAMUEL WONG
Assistant United States Attorney
Attorney for Plaintiff
ORDER
Based on the representations and stipulations of the parties, and good cause appearing therefrom, the Court adopts the stipulation of the parties as its order in its entirety.
The Court hereby orders that the presently set March 5, 2013, status conference shall be continued to April 23, 2013, at 9:45 a.m. The Court orders that time from the date of the parties' stipulation, March 4, 2013, to, and including the new status conference on April 23, 2013, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), and Local Code T4 pertaining to reasonable time necessary for preparation of defense counsel.
The Court finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendant in a speedy trial.
It is so ordered.
____________________
JOHN A. MENDEZ
United States District Court Judge