Opinion
No. CR-S-11-134 JAM
10-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. JUAN LOPEZ ALVARADO, et al., Defendants.
MICHAEL L. CHASTAINE Attorney for Defendant Edward Michael Tulysewski JOHNNY L. GRIFFIN, III Attorney for Defendant Michael Caspillo JOHN R. MANNING Attorney for Defendant Fred Pineda MATTHEW MCCRARY SCOBLE Attorney for Defendant Jose Mario Medrano Benjamin B. Wagner United States Attorney MICHAEL M. BECKWITH Assistant U.S. Attorney JOHN R. MANNING (SBN 220874) ATTORNEY AT LAW Attorney for Defendant FRED PINEDA
JOHN R. MANNING (SBN 220874)
ATTORNEY AT LAW
Attorney for Defendant
FRED PINEDA
STIPULATION AND
ORDER CONTINUING STATUS
CONFERENCE
Judge: Honorable John A. Mendez
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Michael M. Beckwith, Assistant United States Attorney, together with counsel for defendant Edward Michael Tulysewski, Michael L. Chastaine, Esq., counsel for defendant Michael Caspillo, Johnny L. Griffin, III, counsel for defendant Fred Pineda, John R. Manning, Esq., and counsel for defendant Jose Mario Medrano, Matthew McCrary Scoble, Esq., that the status conference presently set for November 1, 2011 be continued to December 13, 2011, at 9:30 a.m., thus vacating the presently set status conference. Defendant Estanislao Garcia, represented by Danny D. Brace, Jr., Esq., wishes to remain on calendar.
Further, all of the parties, the United States of America and all of the defendants as stated above, hereby agree and stipulate that the interests of justice served by granting this continuance outweigh the best interests of the defendants and the public in a speedy trial and that time under the Speedy Trial Act should be excluded under Title 18, United States Code Section 3161(h)(7)(A) and (B)(ii) and (iv), corresponding to Local Codes T-2 (unusual or complex case) and T-4 (to allow defense counsel time to prepare) from the date of the parties' stipulation, October 28, 2011, to and including December 13, 2011. This is based on the complexity of the case; including over 5,000 pages of discovery as well as three discs of recorded phone calls, and the fact there are five co-defendants (a total of 13 Indicted). Defendants are currently incarcerated at the Butte County Jail in Oroville, California; approximately 120 miles roundtrip from downtown Sacramento. Due to the voluminous discovery in this matter numerous trips are required to effectively review the discovery; investigation reports; and, discuss USSG calculations.
IT IS SO STIPULATED.
MICHAEL L. CHASTAINE
Attorney for Defendant
Edward Michael Tulysewski
JOHNNY L. GRIFFIN, III
Attorney for Defendant
Michael Caspillo
JOHN R. MANNING
Attorney for Defendant
Fred Pineda
MATTHEW MCCRARY SCOBLE
Attorney for Defendant
Jose Mario Medrano
Benjamin B. Wagner
United States Attorney
MICHAEL M. BECKWITH
Assistant U.S. Attorney
JOHN R. MANNING (SBN 220874)
ATTORNEY AT LAW
Attorney for Defendant
FRED PINEDA
UNITED STATES OF AMERICA, Plaintiff,
v.
JUAN LOPEZ ALVARADO, et al., Defendants.
No. CR-S-11-134 JAM
ORDER TO
CONTINUE STATUS CONFERNCE
GOOD CAUSE APPEARING, it is hereby ordered that the November 1, 2011 status conference be continued to December 13, 2011 at 9:30 a.m., with the exception of defendant Estanislao Garcia who wishes to remain on calendar. 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)(A) and (B)(ii) and (iv) and Local Codes T2 (unusual and complex case) and T4 (preparation by defense counsel). IT IS SO ORDERED.
John A. Mendez
United States District Court Judge