Opinion
Cr.S.11-231-MCE
01-09-2013
UNITED STATES OF AMERICA, Plaintiff, v. JOSE MONTANEZ, Defendant.
JOSEPH SCHLESINGER Acting Federal Defender MATTHEW M. SCOBLE Assistant Federal Defender Attorney for Defendant JOSE MONTANEZ BENJAMIN B. WAGNER United States Attorney TODD LERAS Assistant U.S. Attorney Attorney for Plaintiff
JOSEPH SCHLESINGER, Bar# 87692
Acting Federal Defender
MATTHEW M. SCOBLE, Bar# 237432
Assistant Federal Defender
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone (916) 498-5700
Attorney for Defendant
JOSE MONTANEZ
STIPULATION AND ORDER
DATE: February 14, 2013
JUDGE: Hon. Morrison C. England Jr.
It is hereby stipulated and agreed to between the United States of America through TODD LERAS, Assistant U.S. Attorney, defendant, JOSE MONTANEZ, by and through his counsel, MATTHEW M. SCOBLE, Assistant Federal Defender, that the status conference set for Thursday, January 10, 2013, be continued to Thursday, February 14, 2013, at 9:00 a.m..
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for February 14, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) [reasonable time to prepare] (Local Code T4).
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Defender
____________________
MATTHEW M. SCOBLE
Assistant Federal Defender
Attorney for Defendant
JOSE MONTANEZ
BENJAMIN B. WAGNER
United States Attorney
Matthew M. Scoble for
TODD LERAS
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the stipulation of the parties 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 specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial. Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its order. Time is excluded from computation of time within which the trial of this matter must be commenced beginning from the date of the stipulation, January 8, 2013, through and including February 14, 2013, pursuant to 18 U.S.C. §3161(h)(7)(A) and (B)(iv) [reasonable time for defense counsel to prepare] and Local Code T4. A new status conference date is hereby set for February 14, 2013, at 9:00 a.m..
__________________________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE