Opinion
2:12-cr-358 GEB
01-10-2013
UNITED STATES OF AMERICA, Plaintiff, v. ADRES VALENZUELA and ARISTEO HERRERA, Defendants.
JOSEPH SCHLESINGER, Bar# 87692 Acting Federal Defender BENJAMIN D. GALLOWAY, Bar# 214897 Assistant Federal Defender Attorney for Defendant ANDRES VALENZUELA DINA SANTOS Attorney for Defendant ARISTEO HERRERA BENJAMIN B. WAGNER United States Attorney DANIEL McCONKIE Assistant U.S. Attorney Attorney for Plaintiff
JOSEPH SCHLESINGER, Bar# 87692
Acting Federal Defender
BENJAMIN D. GALLOWAY, Bar# 214897
Assistant Federal Defender
Attorney for Defendant
ANDRES VALENZUELA
STIPULATION AND [PROPOSED] ORDER
TO CONTINUE STATUS CONFERENCE AND
EXCLUDE TIME
DATE: February 22, 2013
JUDGE: Hon. Garland E. Burrell
It is hereby stipulated and agreed to between the United States of America through JASON HITT, Assistant U.S. Attorney; defendant ADRES VALENZUELA by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender; and defendant ARISTO HERRERA, by and through his counsel, DINA SANTOS, that the status conference set for Friday, January 25, 2013 be continued to Friday, February 22, 2013 at 9:00 a.m.
The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case.
The parties stipulate that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for February 22, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Defender
________________________
BENJAMIN GALLOWAY
Assistant Federal Defender
Attorney for Defendant
ANDRES VALENZUELA
________________________
DINA SANTOS
Attorney for Defendant
ARISTEO HERRERA
BENJAMIN B. WAGNER
United States Attorney
________________________
DANIEL McCONKIE
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and defendant in a speedy trial.
The Court orders that the time from the date of the parties stipulation, up to and including February 22, 2013, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) T4 (reasonable time for counsel to prepare). It is further ordered that the January 25, 2013 status conference shall be continued until February 22, 2013, at 9:00 a.m.
________________________
GARLAND E. BURRELL, JR.
Senior United States District Judge