Opinion
No. Cr.S-10-395 LKK
09-19-2011
UNITED STATES OF AMERICA Plaintiff v. GERARDO ALCALA, et. al., Defendant
BENJAMINE B. WAGNER UNITED STATES ATTORNEY Todd Leras Assistant United States Attorney Michael B. Bigelow Attorney for Gerardo Alcala Caro Marks Attorney for Alfred del Toro Phil Cozens Attorney for Luis Sanchez Scott Tedmon Attorney for Sean Blackwell Michael Chastaine Attorney for Jerome Wells Michael Hansen Attorney for David Avila-Sandoval Christopher Cosca Attorney for Gabriel Garcia Danny Brace Attorney for Gregorio Tellez Clemente Jimenez Attorney for Israel Deltoro-Chavez Kyle Knapp Attorney for Thomas Sotelo Erin Radekin Attorney for Searcy Andrews
MICHAEL B. BIGELOW
Attorney at Law - SBN 65211
Attorney for Defendant
Gerardo Alcala
STIPULATION CONTINUING STATUS CONFERANCE
ORDER
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, together with counsel for all defendants in the above referenced matter that the status conference presently set for September 20, 2011 be continued to December 20, 2011, at 9:15 a.m., thus vacating the presently set status conference.
Counsel for the parties agree that this is an appropriate exclusion of time within the meaning of Title 18, United States Code§ 3161(h)(8)(B)(iv) (continuity of counsel/reasonable time for effective preparation) and Local Code T4, and agree to exclude time from the date of the filing of the order until the date of new the status conference, December 20, 2011.
This continuance is requested because this is a wire-tap case, the large number of defendants and the amount of discovery. There are audio files numbering approximately 2,000 and related transcripts, all of which supports the complex nature of the case and the need for time for all counsel to effectively prepare. It is agreed as well that the ends of justice are served by granting the requested continuance and outweigh the best interest in the public and the defendants in a speedy trial.
Respectfully submitted,
BENJAMINE B. WAGNER
UNITED STATES ATTORNEY
Todd Leras
Assistant United States Attorney
Michael B. Bigelow
Attorney for Gerardo Alcala
Caro Marks
Attorney for Alfred del Toro
Phil Cozens
Attorney for Luis Sanchez
Scott Tedmon
Attorney for Sean Blackwell
Michael Chastaine
Attorney for Jerome Wells
Michael Hansen
Attorney for David Avila-Sandoval
Christopher Cosca
Attorney for Gabriel Garcia
Danny Brace
Attorney for Gregorio Tellez
Clemente Jimenez
Attorney for Israel Deltoro-Chavez
Kyle Knapp
Attorney for Thomas Sotelo
Erin Radekin
Attorney for Searcy Andrews
ORDER
IT IS ORDERED THAT: Pursuant to stipulation by all parties the Status Conference in the above referenced matter, presently set for September 20, 2011 is rescheduled for December 20, 2011 at 9:15 AM. It is also agreed by the parties that time should be excluded for continuity of counsel and reasonable time for effective preparation and complexity within the meaning of the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), and Local Codes T2 and T4,from the date of the filing of the order until the date of new the status conference, December 20, 2011.
The Court specifically finds that the number of defendants and the amount of discovery in this wire-tap case, with audio files numbering approximately 2,000 and related transcripts, supports the complex nature of the case and the need for time for all counsel to effectively prepare. The Court also finds that the ends of justice are served by granting the requested continuance and outweigh the best interest in the public and the defendants in a speedy trial.
IT IS SO ORDERED
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT