Opinion
2:19-CR-0046-DJC
11-14-2023
UNITED STATES OF AMERICA, Plaintiff, v. NOE GANDARA-SOTO, Defendant.
PHILLIP A. TALBERT, JAMES R. CONOLLY Attorneys for Plaintiff United States of America PHILLIP A. TALBERT, JAMES R. CONOLLY, JESSE SANTANA Counsel for Defendant NOE GANDARA-SOTO
DATE: November 16, 2023
PHILLIP A. TALBERT, JAMES R. CONOLLY Attorneys for Plaintiff United States of America
PHILLIP A. TALBERT, JAMES R. CONOLLY, JESSE SANTANA Counsel for Defendant NOE GANDARA-SOTO
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER
THE HONORABLE DANIEL J. CALABRETTA, UNITED STATES DISTRICT JUDGE
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through his counsel of record, hereby stipulate as follows:
1. This case was set for a status conference on November 16, 2023.
2. By this stipulation, the defendant now moves to continue the status conference to January 18, 2024, at 9:00 a.m., and to exclude time between November 16, 2023, and January 18, 2024, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) The government has represented that has produced the discovery associated with this case including, among other things, investigative reports, photographs, as well as audio and video recordings.
b) Defense counsel Matthew Smith will be joining the case as defense counsel in the near future, replacing Jesse Santana. Mr. Smith will need time to familiarize himself with this case and discuss it with his client. To that end, Mr. Smith will need time to consider the current charges in light of the discovery that has been produced. Defense counsel will also need time to investigate and conduct research related to the current charges, and to discuss potential resolutions with his client, to prepare pretrial motions, and to otherwise prepare for trial.
c) Defense counsel believes that failure to grant the above-requested continuance would deny counsel 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 defendant 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 from November 16, 2023 to January 18, 2024, inclusive, is deemed excludable pursuant to this Court's General Orders, and 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 defendants' 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.
IT IS SO STIPULATED
ORDER
IT IS SO FOUND AND ORDERED this 14th day of November, 2023..