Opinion
STIPULATION AND ORDER CONTINUING PRELIMINARY HEARING AND EXCLUDING TIME
KENDALL J. NEWMAN, Magistrate Judge.
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Jason Hitt, counsel for the plaintiff United States of America, and defendant Juan A. VILLANUEVA, by and through his counsel Dina Santos, Esq., and defendant Jose Cruz RODRIGUEZ-RODRIGUEZ that good cause exists to extend the preliminary hearing currently set for December 29, 2015, at 2:00 p.m. to January 21, 2016, pursuant to Rule 5.1(d) of the Federal Rule of Criminal Procedure
Good cause exists to extend the time for the preliminary hearing within meaning of Rule 5.1(d) because the defense counsel must review the initial production of discovery. Initial discovery has been produced by the government to each counsel. For these reasons, the defendants agree that a continuance of the preliminary hearing date will not prejudice them.
The parties further stipulate that the ends of justice are served by the Court excluding time from December 29, 2015, to January 21, 2016, so that counsel for the defendants may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). Specifically, the defense agrees that it needs time to review discovery and effectively evaluate the posture of the case, and conduct investigation into any possible defenses they may have to the charges. Id . For these reasons, the defendant, defense counsel, and the government stipulate and agree that the ends of justice outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A); Local Code T4.
ORDER
Based upon the representations by counsel and the stipulation of the parties, IT IS HEREBY ORDERED that:
1. The Court finds good cause to extend the Preliminary Hearing in United States v. Villanueva, et al., Case No. 2:15-MJ-0238 AC from December 29, 2015, to January 21, 2016, at 2:00 p.m., pursuant to Federal Rule of Criminal Procedure 5.1(d); and
2. Based upon the representations and stipulation of the parties, the court finds that the time exclusion under 18 U.S.C. § 3161(h)(7)(A) and Local Code T4 applies and the ends of justice outweigh the best interest of the public and the defendant in a speedy trial based upon the factors set forth in 18 U.S.C. § 3161(h)(7)(B)(iv). Accordingly, time under the Speedy Trial Act shall be excluded up to and including January 21, 2016.
IT IS SO ORDERED.