Opinion
NO. Cr.S. 13-0063-JAM
04-04-2013
UNITED STATES OF AMERICA, Plaintiff, v. CARLOS GARCIA-MORENO, Defendants.
JOSEPH SCHLESINGER Acting Federal Public Defender COURTNEY FEIN Assistant Federal Defender Designated Counsel for Service Attorney for MARIO FLORES-PINEDA BENJAMIN WAGNER United States Attorney NIRAV DESAI 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
CARLOS GARCIA-MORENO
STIPULATION AND ORDER
CONTINUING STATUS
CONFERENCE; EXCLUDING TIME
Date: April 30, 2013
Judge: Hon. John A. Mendez
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Assistant United States Attorney NIRAV DESAI and Assistant Federal Defender COURTNEY FEIN, for CARLOS GARCIA-MORENO, that the status conference hearing date of April 9, 2013, be vacated, and the matter be set for status conference on April 30, 2013, at 9:45 a.m.
The reason for the continuance is that counsel is in the process of ordering records from the Third District Appellate Court for the State of California that will assist her in analyzing the calculation of Mr. Garcia's criminal history points and so advising him.
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
BENJAMIN WAGNER
United States Attorney
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NIRAV DESAI
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the April 9, 2013, status conference hearings be continued to April 30, 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 30, 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