Opinion
CR S 2:10-0455 JAM
02-28-2013
UNITED STATES OF AMERICA, Plaintiff, v. CAESAR RAFAEL TORRES, Defendant.
Benjamin B. Wagner United States Attorney MICHAEL M. BECKWITH Assistant U.S. Attorney Attorney for Plaintiff CHRISTOPHER COSCA Attorney for Defendant CAESAR RAFAEL TORRES
BENJAMIN B. WAGNER
United States Attorney
MICHAEL M. BECKWITH
Assistant U.S. Attorney
501 "I" Street, Suite 10-100
Sacramento, California 95814
Telephone: (916) 554-2797
STIPULATION AND ORDER
RESETTING STATUS CONFERENCE
AND EXCLUDING TIME UNDER
THE SPEEDY TRIAL ACT
The United States of America, through its counsels of record, Benjamin B. Wagner, United States Attorney for the Eastern District of California, and Michael M. Beckwith, Assistant United States Attorney, and defendant Caesar Rafael Torres, through his counsel of record, Christopher Cosca, Esq., hereby stipulate and agree that the status conference set for March 5, 2013, at 9:45 a.m., be continued to April 9, 2013 at 9:45 a.m.
The exclusion of time is appropriate due to the counsels' need to prepare. 18 U.S.C. § 3161(h)(8)(B)(ii) and (iv); Local Code T4. A continuance is necessary in this case in order to ensure defense counsel has a reasonable amount of time to review the evidence given the limitations imposed by Congress. It's also necessary to ensure defense counsel's effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4.
Therefore, the parties have agreed and respectfully request that the Court set the date of April 9, 2013, at 9:00 a.m., for the status conference.
Accordingly, the parties stipulate that time be excluded beginning March 5, 2013, through and including April 9, 2013, pursuant to 18 U.S.C. § 3161(h)(1)(F) and Local Code T4, United States Code section 3161(h)(7)(B)(iv), to give the defendant time to further review the discovery and to adequately prepare.
The Court finds that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). IT IS SO STIPULATED.
Benjamin B. Wagner
United States Attorney
By: ____________________
MICHAEL M. BECKWITH
Assistant U.S. Attorney
Attorney for Plaintiff
By: __________________
CHRISTOPHER COSCA
Attorney for Defendant
CAESAR RAFAEL TORRES
ORDER
UPON GOOD CAUSE SHOWN and by stipulation of all parties, it is hereby ordered that this matter be set for status conference as set forth above. The Court finds that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §3161(h)(7)(A).
The Court finds excludable time as set forth above to and including April 9, 2013.
IT IS SO ORDERED.
______________________________
HONORABLE JOHN A. MENDEZ
UNITED STATES DISTRICT COURT JUDGE