Opinion
John R. Manning, Attorney at Law, Ca. St. Bar No. 220874 Sacramento, CA, Attorney for Defendant, Sanae Quiroz-Jones.
STIPULATION AND ORDER CONTINUING PRELIMINARY HEARING
KENDALL J. NEWMAN, Magistrate Judge.
The parties to this action, defendant, Sanae Quiroz-Jones and plaintiff, United States of America, hereby stipulate through their respective attorneys to continue the preliminary hearing scheduled for July 11, 2013, at 2:00 p.m to August 8, 2013 at 2:00 p.m.
Ms. Quiroz-Jones' health issues are well known to the Court. This matter was last on the calendar April 25, 2013. At that hearing, the counsel for the Government and Defense counsel informed the Court of the status of the case and of Ms. Quiroz-Jones' health. The Court, understandably, expressed some frustration at the lengthy pendency of this case.
The parties, including Ms. Quiroz-Jones met May 9, 2013. As a result of this meeting, a tentative resolution was reached. However, attorneys for both sides believe, based on this meeting as well, that input from a medical expert was necessary. Funding was approved for Dr. Roger Wiere to interview Ms. Quiroz-Jones and provide counsel with his analysis. Dr. Wiere has interviewed Ms. Quiroz-Jones and published his report and analysis. Counsel for Ms. Quiroz-Jones needs additional time to review the report with Ms. Quiroz-Jones and discuss the findings therein. Counsel for both parties need additional time to discuss the proposed resolution in light of Dr. Wiere's findings. It is anticipated the Parties will submit Dr. Wiere's report to the Court with a request the Court make certain findings based on the submitted material.
The parties agree the above reason constitutes good cause to extend the time for preliminary hearing under Federal Rule of Criminal Procedure 5.1, and that the time within which the indictment must be filed should be extended to August 8, 2013, pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for the reasons stated above.
ORDER TO CONTINUE PRELIMINARY HEARING
GOOD CAUSE APPEARING, it is hereby ordered the July 11, 2013 preliminary hearing for defendant Quiroz-Jones, be continued to August 8, 2013, at 2:00 p.m. I find that the ends of justice warrant an exclusion of time and outweigh the interest of the public and defendant in a speedy trial based on the grounds stated in the stipulation of the parties. THEREFORE IT IS FURTHER ORDERED that time be excluded pursuant to Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) from the date of this order to August 8, 2013.
IT IS SO ORDERED.