Opinion
No. CR-S-12-257-LKK
02-04-2013
UNITED STATES OF AMERICA, Plaintiff, v. PEDRO RUIZ, Defendant.
DENNIS S. WAKS Attorney for Defendant PEDRO RUIZ BENJAMIN B. WAGNER United States Attorney Dennis S. Waks for TODD D. LERAS Assistant U.S. Attorney
DENNIS S. WARS, BAR #142581
Attorney at Law
455 Capitol Mall, Suite 350
Sacramento, California 95814
Telephone: (916) 498-9871
Attorney for Defendant
PEDRO RUIZ
STIPULATION AND ORDER
Time: 9:15 a.m.
Judge: Hon. Lawrence K. Karlton
IT IS HEREBY STIPULATED by and between the parties through their respective counsel, TODD D. LERAS, Assistant United States Attorney, attorney for Plaintiff, and DENNIS S. WAKS, attorney for defendant, that the current status conference/change of plea date of February 5, 2012, be vacated and rescheduled for April 9, 2013, at 9:15 a.m..
Defense counsel needs additional time to prepare, to review the discovery, and to interview witnesses. Counsel is awaiting a plea agreement and will need additional time to review the agreement and go over it with Mr. Ruiz, who lives out of the area. Counsel will also be out of state from March 17, 2013 through April 3, 2013.
It is further stipulated and agreed to between the parties that the period from the date of this order to April 9, 2013, should be excluded in computing the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. All parties stipulate and agree that this is an appropriate exclusion of time within the meaning of Title 18, United States Code, §3161(h)(7)(B)(iv)(Reasonable time to prepare) and [Local Code T4].
The Court finds that the ends of justice to be served by granting a continuance outweigh the best interest of the public and the defendant in a speedy trial.
Respectfully submitted,
_________
DENNIS S. WAKS
Attorney for Defendant
PEDRO RUIZ
BENJAMIN B. WAGNER
United States Attorney
Dennis S. Waks for
TODD D. LERAS
Assistant U.S. Attorney
ORDER
For Good cause appearing:
IT IS ORDERED that this matter is continued to April 9, 2013, at 9:15 a.m.;
IT IS FURTHER ORDERED that the period from the date of this stipulation, January 30, 2013, up to and including April 9, 2013, is excluded pursuant to Title 18, United States Code, §3161(h)(7)(B)(iv)(Reasonable time to prepare) and [Local Code T4]; and
THE COURT FINDS that the ends of justice served by granting the defendant's request for a continuance outweigh the best interest of the public and the defendant in a speedy trial.
____________________
AWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT