Opinion
Case No. 2:11-cr-00190-MCE
02-21-2013
UNITED STATES OF AMERICA, Plaintiff, v. NICHOLAS RAMIREZ, et al., Defendants.
JOHN R. MANNING (SBN 220874) ATTORNEY AT LAW Attorney for Defendant FRANK ALIOTO MICHAEL B. BIGELOW Attorney for Defendant Nicholas Ramirez MICHAEL L. CHASTAINE Attorney for Defendant Ung Duong MICHAEL D. LONG Attorney for Defendant Phat Nguyen CHRISTOPHER R. COSCA Attorney for Defendant Justin Nonoguchi JOHN R. MANNING Attorney for Defendant Frank Alioto JAN D. KAROWSKY Attorney for Defendant Manuel Keith DINA L. SANTOS Attorney for Defendant Tiffany Brown SCOTT L. TEDMON Attorney for Defendant Andre Cawthorne Benjamin B. Wagner United States Attorney JASON HITT Assistant U.S. Attorney
JOHN R. MANNING (SBN 220874)
ATTORNEY AT LAW
Attorney for Defendant
FRANK ALIOTO
STIPULATION REGARDING
EXCLUDABLE TIME PERIODS
UNDER SPEEDY TRIAL ACT;
FINDINGS
Date: April 11, 2013
Judge: Honorable Morrison C. England, Jr.
The United States of America through its undersigned counsel, Jason Hitt, Assistant United States Attorney, together with counsel for defendant Nicholas Ramirez, Michael B. Bigelow, Esq., counsel for defendant Ung Duong, Michael L. Chastaine, counsel for defendant Phat Nguyen, Michael D. Long, Esq., counsel for defendant Justin Nonoguchi, Christopher R. Cosca, Esq., counsel for defendant Frank Alioto, John R. Manning, Esq., counsel for defendant Manuel Keith, Jan D. Karowsky, Esq., counsel for defendant Tiffany Brown, Dina L. Santos, Esq., and counsel for defendant Andre Cawthorne, Scott L. Tedmon, Esq., hereby stipulate the following:
1. By previous order, this matter was set for status conference on February 28, 2013. Subsequently, by order of the Court, the matter was advanced to February 21, 2013.
2. By this stipulation, defendants now move to continue the status conference until April 11, 2013 and to exclude time between February 21, 2013 and April 11, 2013 under the Local Code T-2 and T-4.
3. The parties agree and stipulate, and request the Court find the following:
a. This case was the product of a lengthy investigation in which wiretaps were utilized on multiple telephones. The government has produced discovery which to date includes 1,952 pages containing wiretap applications, periodic reports, and investigative materials. Additionally, the government has provided defense counsel with voluminous wiretap conversations. Given this large volume of discovery, the defense counsel needs additional time to review the discovery and consult with their respective clients.
b. The Government does not object to the continuance.
c. Based on the above-stated findings, the ends of justice served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial within the original date prescribed by the Speedy Trial Act.
d. For the purpose of computing time under the Speedy Trial Act, 18 United States Code Section 3161(h)(7)(A) within which trial must commence, the time period of February 21, 2013 to April 11, 2013 inclusive, is deemed excludable pursuant to 18 United States Code Section 3161(h)(7)(A) ) and (B)(ii) and (iv), corresponding to Local Code T-2 and T-4 because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served
by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence. IT IS SO STIPULATED.
______________________
MICHAEL B. BIGELOW
Attorney for Defendant
Nicholas Ramirez
______________________
MICHAEL L. CHASTAINE
Attorney for Defendant
Ung Duong
______________________
MICHAEL D. LONG
Attorney for Defendant
Phat Nguyen
______________________
CHRISTOPHER R. COSCA
Attorney for Defendant
Justin Nonoguchi
______________________
JOHN R. MANNING
Attorney for Defendant
Frank Alioto
______________________
JAN D. KAROWSKY
Attorney for Defendant
Manuel Keith
______________________
DINA L. SANTOS
Attorney for Defendant
Tiffany Brown
______________________
SCOTT L. TEDMON
Attorney for Defendant
Andre Cawthorne
Benjamin B. Wagner
United States Attorney
by: _____________
JASON HITT
Assistant U.S. Attorney
ORDER
IT IS SO ORDERED.
______________________
MORRISON C. ENGLAND, JR., CHIEF JUDGE
UNITED STATES DISTRICT JUDGE