Opinion
NO. Cr.S. 12-228-TLN
04-16-2013
UNITED STATES OF AMERICA, Plaintiff, v. LENIN MORO, Defendant.
JOSEPH SCHLESINGER Acting Federal Public Defender COURTNEY FEIN Assistant Federal Defender Designated Counsel for Service Attorney for LENIN MORO BENJAMIN WAGNER United States Attorney Courtney Fein for 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
LENIN MORO
STIPULATION AND [PROPOSED]
ORDER CONTINUING STATUS
CONFERENCE; EXCLUDING TIME
Date: May 9, 2013
Time: 9:30 a.m.
Judge : Hon. Troy L. Nunley
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, attorney for LENIN MORO, that the status conference set for April 19, 2 013, be continued to May 9, 2013, at 9:30 a.m.
The reason for this continuance is that case was recently assigned from Judge Burrell to Judge Nunely. Counsel was advised to continue this case by the court's request.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of this stipulation, April 11, 2013, through and including May 9, 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 LENIN MORO
BENJAMIN WAGNER
United States Attorney
Courtney Fein for
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 19, 2013, status conference be vacated and a status conference be set for May 9, 2013, at 9:30 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 from the date of this stipulation April 11, 2013 up to and including the May 9, 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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TROY L. NUNLEY
United States District Judge