Opinion
John R. Manning, Attorney at Law, Sacramento, CA, Attorney for Defendant, Sanae Quiroz-Jones.
STIPULATION AND PROPOSED ORDER CONTINUING PRELIMINARY HEARING [PROPOSED] ORDER TO CONTINUE PRELIMINARY HEARING
ALLISON CLAIRE, 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 August 8, 2013, at 2:00 p.m to August 15, 2013 at 2:00 p.m.
Ms. Quiroz-Jones' health issues are well known to the Court. This matter was last before the court on 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.
Unfortunately, in terms of scheduling, Ms. Quiroz-Jones' son is scheduled to participate in his graduation ceremony on August 8, 2013 at 1:00 (the same day as the next scheduled court date in this matter). Counsel for Ms. Quiroz-Jones apologizes for creating a scheduling conflict in this matter.
Additionally, counsel for both parties need additional time to draft documents necessary for resolution of this matter. It is the anticipation of the parties this matter will be resolved at the next (proposed) court date.
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 15, 2013, pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for the reasons stated above.
GOOD CAUSE APPEARING, it is hereby ordered the August 8, 2013 preliminary hearing for defendant Quiroz-Jones, be continued to August 15, 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 15, 2013.
IT IS SO ORDERED.