Opinion
SCOTT N. CAMERON, Attorney at Law, Sacramento, CA, Attorney for EMILIANO CORTES-GARCIA.
Michelle Spaulding, Counsel for LUIS CORTEZ-GARCIA.
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER
TROY L. NUNLEY, District Judge.
STIPULATION
Plaintiff, United States of America, by and through its counsel of record, and defendants, ELMILIANO CORTES-GARCIA and LUIS CORTEZ-GARCIA, by and through their counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on March 26, 2015, at 9:30 a.m.
2. By this stipulation, defendants now move to continue the status conference until May 14, 2015, at 9:30 a.m., and to exclude time between March 26, 2015, and May 14, 2015, under Local Code T4. Plaintiff does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following:
a. Counsel for defendant Luis Cortez-Garcia substituted into the case on November 3, 2014.
b. The government has produced approximately 329 pages of document discovery to the defense. Moreover, the government has produced over 40 CD/DVD's of discovery to defendants. These media files contain relevant audio and video footage obtained during the government's investigation of this matter. Some of these media files are three to four hours in length.
c. Both defense counsel desire additional time to review the document discovery, review the afore-mentioned media files, consult with their client regarding the discovery, conduct investigation, and to discuss potential resolution with their client and the government.
d. Counsel for each defendant believes that failure to grant the above-requested continuance would deny defendants the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
e. The government does not object to the continuance.
f. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
g. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of March 26, 2015, to May 14, 2015, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
5. All counsel have authorized attorney for EMILIANO CORTES-GARCIA to sign the stipulation on their behalf.
IT IS SO STIPULATED.
ORDER
IT IS SO FOUND AND ORDERED.