Opinion
Case No.: 2:08-CR-00427 MCE
07-13-2012
UNITED STATES OF AMERICA, Plaintiff, v. EMILIO LOUIS CRUZ, III, Defendant.
CLYDE M. BLACKMON (SBN 36280) ROTHSCHILD WISHEK & SANDS LLP Attorneys for Defendant, EMILIO LOUIS CRUZ, III
CLYDE M. BLACKMON (SBN 36280)
ROTHSCHILD WISHEK & SANDS LLP
Attorneys for Defendant,
EMILIO LOUIS CRUZ, III
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE
The United States of America, through its counsel Assistant U. S. Attorney Philip A. Ferrari, and Defendant Emilio Louis Cruz, III, through his counsel Clyde M. Blackmon, stipulate that the status conference now scheduled for 9:00 a.m. on July 12, 2012, shall be continued to 9:00 a.m. on August 30, 2012. The continuance of the status conference is at the request of the defense, and the government has no objection.
A continuance of the currently set status conference is necessary to provide the defense with more time in which to complete its investigation. The discovery in the matter consists of more than 50,000 pages of documents in addition to numerous audio and video recordings. The defense needs additional time in which to review those documents and recordings. In addition, the government has provided the defense with a proposed plea agreement which the defense cannot asses until it has completed its investigation of the matter.
The parties further stipulate that the time from the currently set status conference on July 12, 2012, through August 30, 2012, the requested date for the continued status conference, should be excluded from computation of the period of time within which the trial of this case should commence under the Speedy Trial Act. See 18 U.S.C. section 3161(h)(7)(B)(iv).
Counsel for Dr. Cruz believes that a continuance of the status conference is necessary, taking into account due diligence, for him to provide constitutionally adequate representation to Dr. Cruz and to properly prepare the case for trial.
For these reasons, Dr. Cruz, his counsel and the government stipulate that he ends of justice served by granting the requested continuance of the currently set status conference outweigh the best interests of the public and Dr. Cruz in a speedy trial.
By: Clyde M. Blackmon for
PHILIP A. FERRARI
Assistant U.S. Attorney
ROTHSCHILD WISHEK & SANDS LLP
By: _________________________
CLYDE M. BLACKMON
Attorneys for Defendant
Emilio Louis Cruz, III
ORDER
The status conference currently set for July 12, 2012, is vacated and continued to August 30, 2012, at 9:00 a.m. For the reasons stipulated to by the parties, good cause exists pursuant to 18 U.S.C. section 3161(h)(7)(B)(iv); therefore, time is excluded under the Speedy Trial Act through August 30, 2012. Based on the stipulation of the parties, the Court finds that the interests of justice served by granting the requested continuance of the status conference outweigh the best interest of the public and Mr. Cruz in a speedy trial. 18 U.S.C. (section mark) 3161(h)(7)(B)(iv), (Local Code T4).
IT IS SO ORDERED.
_________________________
MORRISON C. ENGLAND, JR
UNITED STATES DISTRICT JUDGE