Opinion
NO. CR.S-12-230-WBS
07-18-2012
UNITED STATES OF AMERICA, Plaintiff, v. THOMAS AGUERO, Defendant.
DANIEL J. BRODERICK Federal Public Defender MATTHEW SCOBLE Designated Counsel for Service Attorney for THOMAS AGUERO BENJAMIN WAGNER United States Attorney MICHELLE PRINCE Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MATTHEW M. SCOBLE, Bar #237432
Designated Counsel for Service
Attorney for Defendant
THOMAS AGUERO
STIPULATION AND [PROPOSED] ORDER;
CONTINUING STATUS CONFERENCE
AND EXCLUDING TIME
Date: September 10, 2012
Judge: Hon. William B. Shubb
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MICHELLE PRINCE, Assistant United States Attorney, attorney for Plaintiff, and MATTHEW SCOBLE, attorney for THOMAS AGUERO, that the status conference hearing date of July 23, 2012 be vacated, and the matter be set for status conference on September 10, 2012 at 9:30 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.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including September 10, 2012 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Public Defender
______________________
MATTHEW SCOBLE
Designated Counsel for Service
Attorney for THOMAS AGUERO
BENJAMIN WAGNER
United States Attorney
______________________
MICHELLE PRINCE
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the July 23, 2012, status conference hearing be continued to September 10, 2012, at 9:30 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense 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 a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the September 10, 2012 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
______________________
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE