Opinion
No. Cr.S-10-354 EJG
09-15-2011
UNITED STATES OF AMERICA, Plaintiff, v. CLEMENTE RUEDA CRUZ, ARMANDO GARCIA ALEMAN, Defendants.
DANIEL BRODERICK Federal Defender CARO MARKS Assistant Federal Defender Attorney for Defendant CLEMENTE CRUZ DINA L. SANTOS Attorney for Defendant ARMANDO GARCIA ALEMAN BENJAMIN B. WAGNER United States Attorney WILLIAM WONG Assistant United States Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
CARO MARKS,Bar #159267
Designated Counsel for Service
Attorney for Defendant
CLEMENTE RUEDA CRUZ
STIPULATION AND ORDER;
CONTINUING STATUS CONFERENCE
AND EXCLUDING TIME
Time: 10:00 a.m.
Judge: Hon. Edward J. Garcia
IT IS HEREBY STIPULATED by and between Assistant United States Attorney WILLIAM WONG, Caro Marks, Counsel for Defendant CLEMENTE RUEDA CRUZ, and Dina L. Santos, Counsel for Defendant ARMANDO GARCIA ALEMAN, that the status conference scheduled for September 16, 2011, be vacated and the matter be continued for a status conference/change of plea on October 7, 2011 at 10:00 a.m..
Defense counsel received the government proposed plea agreements on September 14, 2011. Having reviewed them, defense counsel need additional time to discuss the proposed plea agreements with the government, and to make and discuss changes in several key aspects of the agreements, e.g., application of the safety valve statute, role adjustments, etc. Two days is not enough time to meet and confer, so the defense and government agree and stipulate that the court should set the matter for status conference/entry of plea on October 7, 2011.
Furthermore, both defendants are incarcerated in Oroville, Ca., and attorney-client conferences with them require the use of an interpreter. Thus, defense counsel need additional time to arrange for interpreters and to travel to Butte County to prepare the defendants for entry of plea.
It is further stipulated by the parties that the court should exclude the time period from the date of this order through and including October 7, 2011, when it computes the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice served by granting defendants' request for a continuance outweigh the best interest of the public and defendants in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B) (Local Code T4).
IT IS SO STIPULATED.
Respectfully submitted,
DANIEL BRODERICK
Federal Defender
CARO MARKS
Assistant Federal Defender
Attorney for Defendant CLEMENTE CRUZ
DINA L. SANTOS
Attorney for Defendant
ARMANDO GARCIA ALEMAN
BENJAMIN B. WAGNER
United States Attorney
WILLIAM WONG
Assistant United States Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the September 16, 2011, status conference hearing be continued to October 7,2011, at 10:00 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the October 7, 2011 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
EDWARD J. GARCIA
Senior United States District Judge