Opinion
NO. Cr.S. 12-0293-JAM
03-18-2013
UNITED STATES OF AMERICA, Plaintiff, v. MARIO FLORES-PINEDA and SILVANO VARGAS-ESTRADA, Defendants.
JOSEPH SCHLESINGER Acting Federal Public Defender COURTNEY FEIN Assistant Federal Defender Designated Counsel for Service Attorney for MARIO FLORES-PINEDA Courtney Fein for DANIEL BRACE Attorney for Defendant SILVANO VARGAS-ESTRADA BENJAMIN WAGNER United States Attorney JILL THOMAS Special Assistant U.S. Attorney Attorney for Plaintiff
JOSEPH SCHLESINGER, Bar #87692
Acting Federal Defender
COURTNEY FEIN, Bar #244785
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, California 95814
(916) 498-5700
Attorney for Defendant
MARIO FLORES-PINEDA
STIPULATION AND ORDER
CONTINUING STATUS
CONFERENCE; EXCLUDING TIME
Date: April 16, 2013
Judge: Hon. John A. Mendez
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, JILL THOMAS, Assistant United States Attorney, attorneys for Plaintiff; and DANIEL BRACE, attorney for SILVANO VARGAS-ESTRADA, and COURTNEY FEIN, attorney for MARIO FLORES-PINEDA, that the status conference hearing date of March 26, 2013, be vacated, and the matter be set for status conference on April 16, 2013, at 9:45 a.m.
The reason for the continuance on behalf of Mr. Flores Pineda is that additional time for further discussions with their clients and for defense preparation is necessary for both counsel.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including April 16, 2013 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel.
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Public Defender
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COURTNEY FEIN
Assistant Federal Defender
Designated Counsel for Service
Attorney for MARIO FLORES-PINEDA
Courtney Fein for
DANIEL BRACE
Attorney for Defendant
SILVANO VARGAS-ESTRADA
BENJAMIN WAGNER
United States Attorney
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JILL THOMAS
Special Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the March 26, 2013, status conference hearings be continued to April 16, 2013 at 9:45 a.m. Based on the representation of both defense counsel and good cause appearing therefrom, the Court hereby 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 a continuance outweigh the best interests of the public and the defendants in a speedy trial. It is ordered that time up to and including the April 16, 2013 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
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JOHN A. MENDEZ
United States District Court Judge