Opinion
No. 1:11-CR-00204-AWI
09-09-2011
UNITED STATES OF AMERICA, Plaintiff, v. IVAN ABREO et al, Defendants.
ROBERT L. FORKNER Attorney for Defendant OMAR QUINTERO-RODRIGUEZ MARK COLEMAN Attorney for Defendant JOSEPH NICHOLS BENJAMIN B. WAGNER United States Attorney Kathleen Ann Servatius Assistant United States Attorney
ROBERT L. FORKNER (CSB# 166097)
Law Offices of Robert L. Forkner
722 Thirteenth Street
Modesto, CA 95354
Telephone: (209)544-0200
Fax: (209)544-1860
Attorney for Defendant
IVAN ABREO
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE
The defendants: 1)IVAN ABREO, through his attorney ROBERT L. FORKNER; 2) JOSEPH NICHOLS represented by his attorney MARK COLEMA, together with the United States of America through its undersigned counsel, KATHLEEN ANN SERVATIUS, Assistant United States Attorney, hereby stipulate and request the following:
1. That the Status conference presently set for September 12, 2011 be vacated and rescheduled for Monday, October 3, 2011 at 9:00 a.m. in Courtroom 2 before the Honorable District Court Judge, Anthony W. Ishii.
2. The defense has requested additional discovery and requests additional time to review the discovery, to discuss the discovery with their respective clients, to investigate, to review and do legal research on potential motions to be potentially filed in this case.
3. Ms. Servatius has indicated that she will be providing plea offers, as such, the defense will need to do legal research on the potential application of the complex Advisory Sentencing Guidelines that may apply in this case should any defendant decide to resolve his case.
4. There are ongoing negotiations between the defense and government counsel.
5. The defense requests additional and adequate time to review the discovery and discuss all of the options with each of their respective clients.
6. Further, counsel for the parties agree that this is an appropriate exclusion of time within the meaning of Title 18, United States Code § 3161(h)(7)(B)(iv) (continuity of counsel/reasonable time for effective preparation) and agree to exclude time from the date of the filing of the order until the date of the Jury Trial.
IT IS SO STIPULATED.
ROBERT L. FORKNER
Attorney for Defendant
OMAR QUINTERO-RODRIGUEZ
MARK COLEMAN
Attorney for Defendant
JOSEPH NICHOLS
BENJAMIN B. WAGNER
United States Attorney
by: Kathleen Ann Servatius
Assistant United States Attorney
ROBERT L. FORKNER (CSB# 106697)
Law Offices of Robert L. Forkner
722 Thirteenth Street
Modesto, CA 95354
Telephone:(209)544-0200
Fax: (209)544-1860
Attorney for Defendant
IVAN ABREO
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Plaintiff,
v.
IVAN ABREO ET AL. , Defendants.
No. 1:11-CR-00204-AWI
ORDER TO
CONTINUE STATUS CONFERENCE
GOOD CAUSE APPEARING, it is hereby ordered that the September 12, 2011 Status Conference be continued to October 3, 2011 at 9:00 a.m. I find that the ends of justice warrant an exclusion of time and that the defendant's need for continuity of counsel and reasonable time for effective preparation exceeds the public interest in a trial within 70 days. THEREFORE IT IS FURTHER ORDERED that time be excluded pursuant to 18 U.S.C. § 3161 (h) (7) (B) (iv) from the date of this order to October 3, 2011. IT IS SO ORDERED.
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CHIEF UNITED STATES DISTRICT JUDGE