Opinion
Case No.: 2:10-cr-00425-MCE
01-23-2013
UNITED STATES OF AMERICA, Plaintiff, v. LUIS FIGUEROA-ALCAZAR, Defendant
DANNY D. BRACE, JR., Attorney for Luis Figueroa-Alcazar Authorized to sign for Mr. Hemesath On January 22, 2013 Assistant United States Attorney PAUL HEMESATH Assistant U.S. Attorney
DANNY D. BRACE, JR., #114466
LAW OFFICE OF DANNY D. BRACE, JR.
901 H Street, Suite 500
Sacramento, CA 95814
(916) 552-6660
Fax: (916) 447-0592
Attorney for Luis Figueroa Alcazar
STIPULATION REGARDING
EXCLUDABLE TIME PERIODS UNDER
SPEEDY TRIAL ACT FINDINGS AND
ORDER
Plaintiff, United States of America, by and through its counsel of record, and the defendant, Luis Figueroa Alcazar, by and through his counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on January 24, 2013.
2. By this stipulation, the defendant now moves to continue the status conference until February 14, 2013, and to exclude time between January 24, 2013 and February 14, 2013 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. The parties represent that defendant would like the continuance in order to enter a plea.
b. Counsel for the defendant desire additional time to consult with his client to discuss the entry of plea.
c. Counsel for the defendant believes that failure to grant the above-requested continuance would deny him the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d. The government does not object to the continuance.
e. 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 defendants in a trial within the original date prescribed by the Speedy Trial Act.
f. 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 January 24, 2013, to February 14, 2013 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 defendants 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.
Respectfully submitted,
By: _______________
DANNY D. BRACE, JR.,
Attorney for
Luis Figueroa-Alcazar
By: _______________
Authorized to sign for Mr. Hemesath
On January 22, 2013
Assistant United States Attorney
PAUL HEMESATH
Assistant U.S. Attorney
IT IS SO FOUND AND ORDERED:
______________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT COURT