Opinion
2:10-CR-00468 JAM
08-08-2011
UNITED STATES OF AMERICA, Plaintiff, v. DAMION C. CERVANTES, Defendant.
BENJAMIN WAGNER United States Attorney HEIKO P. COPPOLA Assistant United States Attorney MICHAEL D. LONG Attorney for Defendant JOSE MELECIO PENA MATTHEW R. BEAUCHAMP Attorney for Defendant LEONARDO CONTRERAS BENJAMIN D. GALLOWAY Attorney for Defendant VICTOR CRUZ CARL E. LARSON Attorney for Defendant OSCAR VIRRUETA ERIN J. RADEKIN Attorney for Defendant DAMION C. CERVANTES
ERIN J. RADEKIN
Attorney at Law - SBN 214964
Attorney for Defendant
DAMION C. CERVANTES
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE
STIPULATION
Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Heiko P. Coppola; Jose Melecio Pena, by and through his counsel, Michael D. Long; defendant, Leonardo Contreras, by and through his counsel, Matthew R. Beauchamp; defendant, Victor Cruz, by and through his counsel, Benjamin D. Galloway; defendant, Oscar Virrueta, by and through his counsel, Carl E. Larson; and defendant Damion C. Cervantes, by and through his counsel, Erin J. Radekin, agree and stipulate to vacate the date set for status conference, August 9, 2011 at 9:30 a.m., in the above-captioned matter, and to continue the status conference to September 27, 2011 at 9:30 a.m. in the courtroom of the Honorable John A. Mendez.
The reason for this request is that additional time is needed for translation of tape recordings included in the discovery from Spanish to English for review by counsel, investigation and other defense preparation, and plea negotiations. The Court is advised that Mr. Coppola, Mr. Long, Mr. Beauchamp, Mr. Galloway, and Mr. Larson concur with this request and have authorized Ms. Radekin to sign this stipulation on their behalf.
The parties further agree and stipulate that the time period from the filing of this stipulation until September 27, 2011 should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(7)(B)(iv), and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. It is further agreed and stipulated that the ends of justice served in granting the request outweigh the best interests of the public and the defendant in a speedy trial.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation. IT IS SO STIPULATED
BENJAMIN WAGNER
United States Attorney
HEIKO P. COPPOLA
Assistant United States Attorney
MICHAEL D. LONG
Attorney for Defendant
JOSE MELECIO PENA
MATTHEW R. BEAUCHAMP
Attorney for Defendant
LEONARDO CONTRERAS
BENJAMIN D. GALLOWAY
Attorney for Defendant
VICTOR CRUZ
CARL E. LARSON
Attorney for Defendant
OSCAR VIRRUETA
ERIN J. RADEKIN
Attorney for Defendant
DAMION C. CERVANTES
ORDER
For the reasons set forth in the accompanying stipulation and declaration of counsel, the status conference date of August 9, 2011 at 9:30 a.m. is VACATED and the above-captioned matter is set for status conference on September 27, 2011 at 9:30 a.m. The Court finds excludable time in this matter through September 27, 2011 under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. For the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the request outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(iv).
IT IS SO ORDERED.
HON. JOHN A. MENDEZ
United States District Judge