Opinion
HENRY Z. CARBAJAL, III, Assistant United States Attorney, ANTHONY P. CAPOZZI, CSBN: 068525 NICHOLAS A. CAPOZZI, CSBN: 275568 LAW OFFICES OF ANTHONY P. CAPOZZI, Fresno, California, Attorney for Defendant, LEONEL MARTINEZ CABALLERO.
STIPULATION AND ORDER TO VACATE JURY TRIAL AND SET STATUS CONFERENCE
ANTHONY W. ISHII, Senior District Judge.
IT IS HEREBY STIPULATED between the Assistant United States Attorney, Henry Z. Carbajal, III, and the Defendant, LEONEL MARTINEZ CABALLERO, by and through his attorney of record, Anthony P. Capozzi, that the Jury Trial presently set for November 5, 2013, be vacated. It is also stipulated that the Trial Confirmation, presently set for October 21, 2013, at 10:00 a.m., be changed to a Status Conference.
Good cause exists for this request as Anthony P. Capozzi, attorney for Defendant LEONEL MARTINEZ CABALLERO, recently substituted in as counsel on July 1, 2013, and is presently reviewing all discovery. Additional time is also needed for case preparation, investigations and plea negotiations with the government.
Based on the above-stated findings, the ends of justice served by vacating the trial date and continuing this matter for status conference as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
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 September 6, 2013, through October 21, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) 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.
So Stipulated.
ORDER
IT IS SO ORDERED. Good cause having been shown, the Trial Confirmation now set for October 21, 2013, at 10:00 a.m. is changed to a Status Conference and the Jury Trial now set for November 5, 2013, is hereby vacated. Additionally, time shall be excluded by stipulation from the parties and pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv).
IT IS SO ORDERED.