Opinion
NO. CR.S-11-388-JAM
01-17-2012
UNITED STATES OF AMERICA, Plaintiff, v. LUIS ARCHULETA-ESCOBEDO Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender COURTNEY FEIN, Bar#244785 Designated Counsel for Service Attorney for Defendant LUIS ARCHULETA-ESCOBEDO
DANIEL J. BRODERICK, Bar #89424
Federal Defender
COURTNEY FEIN, Bar#244785
Designated Counsel for Service
Attorney for Defendant
LUIS ARCHULETA-ESCOBEDO
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, MICHELE BECKWITH Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN, Assistant Federal Defender for LUIS ARCHULETA-ESCOBEDO that the status conference hearing date of January 24, 2012 be vacated, and the matter be set for status conference on February 7, 2012 at 9:30 a.m.
The reason for this continuance is that government's counsel will be engaged in trial. 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 January 24, 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.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Public Defender
________________
COURTNEY FEIN
Assistant Federal Defender
Designated Counsel for Service
Attorney for LUIS ARCHULETA-ESCOBEDO
BENJAMIN WAGNER
United States Attorney
_____________________
MICHELE BECKWITH
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the January 24, 2012, status conference hearing be continued to Feburary 7, 2012, 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 February 7, 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.
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JOHN A. MENDEZ
United States District Judge