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United States v. Caballero

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Aug 1, 2014
CR 11-00493-RMW (N.D. Cal. Aug. 1, 2014)

Opinion

          STEVEN G. KALAR, Federal Public Defender, ROBERT CARLIN, Assistant Federal Public Defender, San Jose, CA, Counsel for Defendant, VICTOR HUGO CABALLERO.


          STIPULATION TO CONTINUE STATUS CONFERENCE; [] ORDER

          RONALD M. WHYTE, Magistrate Judge.

         Plaintiff United States of America, by and through Assistant United States Attorney Cynthia Frey, and Defendant VICTOR HUGO CABALLERO ("Mr. Caballero"), by and through his attorney of record, Assistant Federal Public Defender Robert Carlin, hereby stipulate that the final pretrial conference in this case should be continued from August 4, 2014 to September 29, 2014, at 9:00 a.m.

         1. Mr. Caballero been charged with a violation of 21 U.S.C. § 841 (a)(1).

         2. A status conference before this Honorable Court is scheduled for August 4, 2014, at 9:00 a.m.

         3. On July 30, 2014, the government advised counsel for Mr. Caballero that it will be producing additional discovery within the next few days. Counsel will need to review and discuss that discovery with Mr. Caballero which - given defense counsel's schedule between now and August 4, and recent difficulties visiting Mr. Caballero and other clients at the Santa Clara County Jail due to restricted access - will not be possible before August 4, 2014.

         4. Accordingly, Mr. Caballero respectfully requests that the status conference be continued as requested, and agrees to the exclusion of time from August 4 to September 29, 2014, pursuant to 18 U.S.C. § 3161 (h)(7)(A).

         5. Accordingly, the parties request that the status hearing be continued to September 29, 2014, at 9:00 a.m.

         IT IS SO STIPULATED.

         []ORDER

         1. Mr. Caballero been charged with a violation of 21 U.S.C. § 841 (a)(1).

         2. A status conference before this Court is scheduled for August 4, 2014, at 9:00 a.m.

         3. On July 30, 2014, the government advised counsel for Mr. Caballero that it will be producing additional discovery within the next few days. Counsel will need to review and discuss that discovery with Mr. Caballero which - given defense counsel's schedule between now and August 4, and recent difficulties visiting Mr. Caballero and other clients at the Santa Clara County Jail due to restricted access - will not be possible before August 4, 2014.

         4. Under the circumstances, there is good cause for the requested continuance, and the "ends of justice" served by taking such action "outweigh the best interest of the public and the defendant in a speedy trial." 18 U.S.C. § 3161 (h)(7)(A). Accordingly, the time from August 4, 2014 to September 29, 2014, is excluded pursuant to section § 3161 (h)(7)(A).

         5. The status hearing in this matter shall be continued from to September 29, 2014, at 9:00 a.m.

         IT IS SO ORDERED.


Summaries of

United States v. Caballero

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Aug 1, 2014
CR 11-00493-RMW (N.D. Cal. Aug. 1, 2014)
Case details for

United States v. Caballero

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. VICTOR HUGO CABALLERO, Defendant.

Court:United States District Court, Ninth Circuit, California, N.D. California, San Jose Division

Date published: Aug 1, 2014

Citations

CR 11-00493-RMW (N.D. Cal. Aug. 1, 2014)