Opinion
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER TO CONTINUE CASE TO 7/17/15 AT 9:00 A.M.
GARLAND E. BURRELL, Jr., Senior District Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and Defendant Jovanny Arellanes, represented by Attorney Dina Santos; Defendant Francisco Arellanes, represented by Attorney Timothy Warriner; Defendant Efrain Padilla Pena, represented by Attorney Richard Dudek, hereby stipulate as follows:
1. By previous order, this matter was set for status on May 29, 2015.
2. By this stipulation, defendant now moves to continue the status conference until July 17, 2015, and to exclude time between May 29, 2015, and July 17, 2015, under Local Code T4. Plaintiff does not oppose this request.
Dina L. Santos, A Professional Law Corporation, Sacramento, CA, Attorney for JOVANNY ARELLANES.
3. The parties agree and stipulate, and request that the Court find the following:
a) Counsel for defendants desire additional time to review discovery, continue to conduct investigation, and to otherwise prepare for trial.
b) Counsel for defendants believe that failure to grant the above-requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
c) The government does not object to the continuance.
d) Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
e) For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of May 29, 2015, to July 17, 2015, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
IT IS SO STIPULATED.
ORDER
IT IS SO FOUND AND ORDERED.