Opinion
NO. CR.S-11-035-JAM
10-24-2011
UNITED STATES OF AMERICA, Plaintiff, v. JOHN ALARCON, Defendant.
DANIEL J. BRODERICK Federal Public Defender COURTNEY FEIN Designated Counsel for Service Attorney for JOHN ALARCON BENJAMIN WAGNER United States Attorney WILLIAM WONG Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
COURTNEY FEIN, Bar #244785
Designated Counsel for Service
Attorney for Defendant
JOHN ALARCON
STIPULATION AND ORDER;
CONTINUING STATUS
CONFERENCE AND EXCLUDING
TIME
Judge: Hon. John A. Mendez
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, WILLIAM WONG, Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN, attorney for JOHN ALARCON, that the status conference hearing date of October 25, 2011 be vacated, and the matter be set for status conference on November 1, 2011 at 9:30 a.m..
The reason for this continuance is to allow defense counsel additional time to review the discovery, consult with her client, examine possible defenses, and 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 November 1, 2011 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
COURTNEY FEIN
Designated Counsel for Service
Attorney for JOHN ALARCON
BENJAMIN WAGNER
United States Attorney
WILLIAM WONG
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the October 25, 2011, status conference hearing be continued to November 1, 2011, at 9:30 a.m.. Based on the representation of defense counsel and good cause appearing therefrom, 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 November 1, 2011, 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.
JOHN A. MENDEZ
United States District Court Judge