Opinion
NO. Cr.S. 12-293-JAM
02-08-2013
UNITED STATES OF AMERICA, Plaintiff, v. MARIO FLORES-PINEDA and SILVANO VARGAS-ESTRADA, Defendants.
JOSEPH SCHLESINGER, Bar #87692 Acting Federal Defender COURTNEY FEIN, Bar #244785 Designated Counsel for Service Attorney for Defendant MARIO FLORES-PINEDA
JOSEPH SCHLESINGER, Bar #87692
Acting Federal Defender
COURTNEY FEIN, Bar #244785
Designated Counsel for Service
Attorney for Defendant
MARIO FLORES-PINEDA
STIPULATION AND ORDER
CONTINUING STATUS
CONFERENCE; EXCLUDING TIME
Date: March 26, 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 February 12, 2013, be vacated, and the matter be set for status conference on March 26, 2013, at 9:45 a.m.
The reason for the continuance on behalf of Mr. Flores Pineda is that the parties remain in the process of placing the finishing touches on settlement. Additional time for further discussions with their clients and for defense preparation is also 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 March 26, 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
____________________
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
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the February 12, 2013, status conference hearings be continued to March 26, 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 March 26, 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.
____________________
JOHN A. MENDEZ
United States District Court Judge