Opinion
2:19-cr-00295-GMN-NJK
03-09-2023
UNITED STATES OF AMERICA, Plaintiff, v. MARIO CASTRO et al., Defendant.
RICHARD E. TANASI, ESQ. JOSHUA TOMSHECK, ESQ. COUNSEL FOR MARIO CASTRO DONALD J. GREEN, ESQ. COUNSEL FOR SALVADOR CASTRO LUCAS GAFFNEY, ESQ. THOMAS A. ERICSSON, ESQ. COUNSEL FOR MIGUEL CASTRO WILLIAM H. BROWN, ESQ. CHRISTOPHER MISHLER, ESQ. COUNSEL FOR JOSE LUIS MENDEZ JASON M. FRIERSON UNITED STATES ATTORNEY TIMOTHY FINLEY, ESQ. DANIEL ZYTNICK, ESQ. ASSISTANT UNITED STATES ATTORNEY
RICHARD E. TANASI, ESQ. JOSHUA TOMSHECK, ESQ. COUNSEL FOR MARIO CASTRO
DONALD J. GREEN, ESQ. COUNSEL FOR SALVADOR CASTRO
LUCAS GAFFNEY, ESQ. THOMAS A. ERICSSON, ESQ. COUNSEL FOR MIGUEL CASTRO
WILLIAM H. BROWN, ESQ. CHRISTOPHER MISHLER, ESQ. COUNSEL FOR JOSE LUIS MENDEZ
JASON M. FRIERSON UNITED STATES ATTORNEY TIMOTHY FINLEY, ESQ. DANIEL ZYTNICK, ESQ. ASSISTANT UNITED STATES ATTORNEY
STIPULATION AND ORDER REGARDING THE LAW OF THE CASE
IT IS HEREBY STIPULATED AND AGREED, by and between the defendants Mario Castro, Salvador Castro, Miguel Castro, and Jose Luis Mendez, by and through their undersigned counsel, and the UNITED STATES OF AMERICA, through their undersigned counsel, (collectively, hereinafter “the parties”), who jointly stipulate and submit this request that the Court enter an Order for the following reasons:
1. A mistrial was declared on September 28, 2022. See, ECF No. 564.
2. All decisions on motions and stipulations are deemed the law of the case, such that no additional stipulations and motions previously entered shall be deemed necessary to file. See United States v. Alexander, 106 F.3d 874, 876 (9th Cir. 1997). Under the "law of the case" doctrine, "a court is generally precluded from reconsidering an issue that has already been decided by the same court, or a higher court in the identical case." Thomas v. Bible, 983 F.2d 152, 154 (9th Cir.) (cert. denied 508 U.S. 951 (1993).
ORDER
Based on the pending stipulation of counsel, and good cause appearing therefore, the Court finds ands orders that:
1. A mistrial was declared on September 28, 2022.
2. Under the "law of the case" doctrine, "a court is generally precluded from reconsidering an issue that has already been decided by the same court, or a higher court in the identical case." Thomas v. Bible, 983 F.2d 152, 154 (9th Cir.) (cert. denied 508 U.S. 951 (1993).
3. All decisions on motions and stipulations are hereby deemed the law of the case, such that no additional stipulations and motions previously entered shall be deemed necessary to file. See United States v. Alexander, 106 F.3d 874, 876 (9th Cir. 1997).