Opinion
NO. 2:11-CR-00075-MCE
03-28-2013
UNITED STATES OF AMERICA, Plaintiff, v. SALVADOR JAMAICA-ARELLANO, et al., Defendants.
DOUG BEEVERS Assistant Federal Defender Attorney for Defendant CRESCENCIO DELGADO-ESQUIVEL (per authorization from Erin McKenna) GILBERT ROQUE Attorney for Defendant SALVADOR JAMAICA-ARELLANO (per authorization from Mr. Roque) CLEMENTE JIMENEZ Attorney for Defendant LAZARO ANDRADE-BAUTISTA (per telephone authorization) BENJAMIN B. WAGNER United States Attorney SAMUEL WONG Assistant U.S. Attorney Attorney for Plaintiff
BENJAMIN B. WAGNER
United States Attorney
SAMUEL WONG
Assistant U.S. Attorney
501 I Street, Suite 10-100
Sacramento, California 95814
Telephone: (916) 554-2772
STIPULATION AND ORDER CONTINUING
STATUS CONFERENCE DATE AND
EXCLUDING TIME UNDER SPEEDY TRIAL
ACT
Court: Hon. Morrison C. England
It is hereby stipulated and agreed to by the parties, through their undersigned counsel, that:
1. The presently set March 28, 2013, status conference shall be continued to April 11, 2013, at 9:00 a.m.
2. The time period from the date of this stipulation, March 26, 2013, to and including, the new status conference hearing of April 11, 2013, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), and Local Code T4 pertaining to defense preparation.
3. The parties jointly request this continuance to allow each defendant and their respective attorneys additional time to: (1) intelligently decide defendant's course of action in this case, to wit: pretrial settlement or trial; (2) allow defense counsel time to conduct legal research on the sentencing factors that may be applicable to his client; and (3) allow defense counsel to conduct additional investigation to develop possible defenses and mitigating factors to provide the Probation Office and the Court. To the extent that a Spanish/English language interpreter is needed to assist counsel in communicating with his client on some of these tasks, the tasks are made more difficult and require additional time.
The parties further stipulate and agree that the Court shall find that: (1) the failure to grant a continuance in this case would deny defendants and defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; and (2) the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.
IT IS SO STIPULATED.
Respectfully submitted,
____________________________
DOUG BEEVERS
Assistant Federal Defender
Attorney for Defendant
CRESCENCIO DELGADO-ESQUIVEL
(per authorization from Erin
McKenna)
____________________________
GILBERT ROQUE
Attorney for Defendant
SALVADOR JAMAICA-ARELLANO
(per authorization from Mr.
Roque)
____________________________
CLEMENTE JIMENEZ
Attorney for Defendant
LAZARO ANDRADE-BAUTISTA
(per telephone authorization)
BENJAMIN B. WAGNER
United States Attorney
SAMUEL WONG
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the representations and stipulations of the parties, and good cause appearing therefrom, the Court orders that the presently set March 28, 2013, Trial Confirmation Hearing shall be continued to April 4, 2013, at 9:00 a.m. in Courtroom 7. The personal appearances of all counsel is required for the April 4, 2013 Trial Confirmation Hearing and the Court will not entertain further continuance requests. The April 29, 2013 Jury Trial is confirmed for 9:00 a.m. in Courtroom 7.
The Court orders that time from the date of the parties' stipulation, March 26, 2013, to, and including the new status conference on April 4, 2013, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), and Local Code T4 pertaining to reasonable time necessary for preparation of defense counsel.
The Court 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 the requested continuance outweigh the best interests of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
_____________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE