Opinion
CASE NO. 2:12-CR-287-MCE
01-08-2013
UNITED STATES OF AMERICA, Plaintiff, v. JESUS GAMBOA-MEZA, Defendant.
Respectfully Submitted, BENJAMIN B. WAGNER U.S. Attorney JASON HITT, Assistant U.S. Attorney NICHOLAS F. REYES, ESQ. Attorney for Defendant Jesus Gamboa-Meza
BENJAMIN B. WAGNER
United States Attorney
JASON HITT
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: (916) 554-2751
NICHOLAS F. REYES, #102114
Attorney at Law
1107 R Street
Fresno, California 93721
Telephone: (559) 486-4500
Facsimile: (559) 486-4533
Email: reyesf@earthlink.net
Attorney for Defendant
JESUS GAMBOA-MEZA
STIPULATION AND ORDER
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, JASON HITT, Assistant United States Attorney, together with the defendant, JESUS GAMBOA-MEZA and his counsel NICHOLAS F. REYES, that the briefing schedule currently set should be modified as follows: the Defense motions shall be due on February 4, 2013; the government's opposition/response shall be due on February 18, 2013; optional reply shall be due on February 25, 2013; and a hearing shall be held on March 7, 2013 at 9:30a.m.
The parties acknowledge that the time under the Speedy Trial Act is being excluded under Title 18, United States Code, Section 3161 (h)(1)(D); Title 18, United States Code 3161 (h)(7)(A) based on necessary delay in perfecting the motion to suppress and obtaining necessary supporting declarations of misidentified individuals in reports and investigation; delay resulting from preparation of necessary pretrial motion to suppress; and, the period of delay is jointly requested based on good cause and agreement and negotiations of counsel which may preclude the litigation of said suppression motion; and such delay is necessary as the ends of justice served taken by such action outweigh the best interests of the public and the defendant in a speedy trial.
Respectfully Submitted,
BENJAMIN B. WAGNER
U.S. Attorney
_________________
JASON HITT, Assistant U.S. Attorney
_________________
NICHOLAS F. REYES, ESQ.
Attorney for Defendant
Jesus Gamboa-Meza
ORDER
IT IS HEREBY ORDERED: That the briefing scheduled currently, is hereby modified as follows: Defendants Motions shall be due on February 4, 2013; the government's opposition/response shall be due on February 18, 2013; Defendant's reply shall be due on February 25, 2013; and hearing shall be held on March 7, 2013 at 9:00 AM. The January 31, 2013, motion hearing date is vacated.
This Court finds that ends of justice as specified by stipulation of counsel, are served by this continuance outweigh the best interest the public and the Defendant to a speedy trial, and excludes time under the Speedy Trial Act under 18 U.S.C. 3161 (h)(1)(D); and 18 U.S.C. 3161 (h)(7)(A).
IT IS SO ORDERED.
_________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE