Opinion
No. CR 11-00303 PSG
10-13-2011
UNITED STATES OF AMERICA, Plaintiff, v. OSCAR CAMACHO, SR. Defendant.
BARRY J. PORTMAN Federal Public Defender VARELL L. FULLER Assistant Federal Public Defender Counsel for Defendant CAMACHO
BARRY J. PORTMAN
Federal Public Defender
VARELL L. FULLER
Assistant Federal Public Defender
Counsel for Defendant CAMACHO
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE
TO DECEMBER 1, 2011, AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
STIPULATION
Defendant Oscar Camacho Sr., by and through Assistant Federal Public Defender Varell L. Fuller, and the United States, by and through Assistant United States Attorney Eumi Choi, hereby stipulate that, with the Court's approval, the status hearing currently set for Thursday, October 13, 2011, at 9:30 a.m., shall be continued to Thursday, December 1, 2011, at 9:30 a.m.
The reason for the requested continuance is, in response to the defense request for further discovery, defense counsel received on September 14, 2011, approximately five-hundred additional pages of discovery. Defense counsel's review of the additional discovery provided, as well as the defense investigation, remains on going. Accordingly, the parties agree that the time between October 13, 2011, and December 1, 2011, may be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for effective preparation by defense counsel.
VARELL L. FULLER
Assistant Federal Public Defender
EUMI CHOI
Assistant United States Attorney
[PROPOSED] ORDER
GOOD CAUSE APPEARING, upon stipulation of the parties, IT IS HEREBY ORDERED that the hearing currently set for Thursday, October 13, 2011, shall be continued to Thursday, December 1, 2011, at 9:30 a.m.
THE COURT FINDS that failing to exclude the time between October 13, 2011, and December 1, 2011, would unreasonably deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. §§ 3161(h)(7)(B)(iv).
THE COURT FINDS that the ends of justice served by excluding the time between October 13, 2011, and December 1, 2011, from computation under the Speedy Trial Act outweigh the interests of the public and the defendant in a speedy trial.
THEREFORE, IT IS HEREBY ORDERED that the time between October 13, 2011, and December 1, 2011, shall be excluded from computation under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
THE HONORABLE PAUL S. GREWAL
United States Magistrate Judge