Opinion
No. CR-S 11-369 JAM
04-19-2013
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 June 4, 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 April 23, 2013, be vacated and the matter be continued to this Court's criminal calendar on June 4, 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 further discuss the pre-plea presentence report with her client and continue to engage in negotiations with the prosecution in attempt to reach a pretrial resolution. In addition, defense counsel needs more time to conduct further investigation to support her client's defense and to meet with the client to prepare his defense in the event that the case is not resolved by plea agreement.
IT IS FURTHER STIPULATED that time for trial under the Speedy Trial Act, 18 U.S.C. § 3161 et. seq. be tolled pursuant to § 3161(h)(7)(A) & (B)(iv), Local code T-4 (time to prepare), and that the ends of justice served in granting the continuance and allowing the defendant further time to prepare outweigh the best interests of the public and the defendant in a speedy trial.
The Court is advised that all counsel have conferred about this request, that they have agreed to the June 4, 2013, date, and that Mr. Wong has authorized Ms. Santos to sign this stipulation on his behalf.
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 orders that the presently set April 23, 2013, status conference shall be continued to June 4, 2013, at 9:45 a.m. The Court orders that time from the date of the parties' stipulation, April 19, 2013, to, and including the new status conference on June 4, 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.
By the Court,
____________________________
Hon. John A. Mendez
United States District Court Judge