Opinion
HEATHER E. WILLIAMS, Bar $122664 Federal Defender, JEFFREY L. STANIELS, Bar $91413 Assistant Federal Defender, Sacramento, California, Attorney for Defendant YONI OVIDIO SOSA
Olusere Olowoyeye, Assistant U.S. Attorney, Attorney for Plaintiff
Clemente Jimenez, Attorney for Antonio Navarro Silva, Dina L. Santos Attorney for Jose Gilberto Lopez
STIPULATION AND ORDER CONTINUING CASE AND EXCLUDE TIME
MORRISON C. ENGLAND, Jr., District Judge.
IT IS HEREBY STIPULATED by and among Assistant United States Attorney, Olusere Olowoyeye, counsel for Plaintiff, Assistant Federal Defender Jeffrey L. Staniels, counsel for defendant, YONI OVIDIO SOSA, and Dina Lee Santos, counsel for defendant, JOSE GILBERTO LOPEZ that the status conference now set for June 13, 2013, should be vacated and the matter continued to June 27, 2013, at 9:00 a.m. for status conference.
IT IS SEPARATELY STIPULATED by and between Mr. Olowoyeye and Clemente Jimenez, counsel for defendant, ANTONIO NAVARRO SILVA, that, due to Mr. Jimenez' unavailability on June 27, 2013, that the status conference scheduled for June 13, 2013, be continued until July 18, 2013, with respect to Mr. Silva. All defense counsel have just received plea offers which they must disclose to their clients, explain them, and determine the extent to which they are a basis for proceeding, either with entries of plea or with regard to further negotiations. This continuance is sought in order to permit those aspects of defense preparation and consultation to occur.
IT IS FURTHER STIPULATED that the interests of justice furthered by granting this continuance outweigh the interests of the public and the defendants in a speedy trial.
IT IS FURTHER STIPULATED that time for trial under the Speedy Trial Act be excluded between June 13, 2013, and June 27, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv), Local Code T-4 (time to prepare) with respect to defendants YONI OVIDIO SOSA and JOSE GILBERTO LOPEZ. IT IS FURTHER STIPULATED that time for trial under the Speedy Trial Act be excluded between June 13, 2013, and July 18, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv), Local Code T-4 (time to prepare; continuity of counsel) with respect to defendant ANTONIO NAVARRO SILVA.
IT IS SO STIPULATED.
ORDER
Based on the above representations of counsel the court finds that the requested continuances are appropriate and that the interests of the government and the defense in granting this continuance outweigh the interests of the defendants and the public in a speedy trial. The requested continuances, to June 27, 2013, with respect to defendants YONI OVIDIO SOSA and JOSE GILBERTO LOPEZ, and to July 18, 2013, with respect to defendant ANTONIO NAVARRO SILVA are therefore GRANTED. Time for trial under the Speedy Trial Act, 18 U.S.C. §§ 3161 et. seq., is excluded from June 13, 2013, through June 27, 2013, pursuant to 18 U.S.C. §3161(h)(7(A) &(B)(iv) and Local Code T-4 with respect to defendants YONI OVIDIO SOSA and JOSE GILBERTO LOPEZ. Time for trial under the Speedy Trial Act, 18 U.S.C. §§ 3161 et. seq., is excluded from June 13, 2013, through June 27, 2013, with respect to defendants YONI OVIDIO SOSA and JOSE GILBERTO LOPEZ. Time for trial under the Speedy Trial Act, 18 U.S.C. §§ 3161 et. seq., is excluded from June 13, 2013, through July 18, 2013, pursuant to 18 U.S.C. §3161(h)(7(A) &(B)(iv) and Local Code T-4 with respect to defendant ANTONIO NAVARRO SILVA.
IT IS SO ORDERED.