Opinion
2:10-CR-413-MCE
08-17-2011
UNITED STATES OF AMERICA, Plaintiff, v. JUAN MANUEL CUEVAS and HUGO CHAVEZ DE LA CRUZ, Defendants.
GILBERT A. ROQUE, Attorney for HUGO CHAVEZ DE LA CRUZ, Defendant J. TONEY, Attorney for JUAN MANUEL CUEVAS, Defendant PAUL A. HEMESATH Assistant United States Attorney Attorney for Plaintiff
GILBERT A. ROQUE
Attorney at Law
Attorney for HUGO CHAVEZ DE LA CRUZ
STIPULATION AND PROPOSED
ORDER VACATING DATE,
CONTINUING CASE AND
EXCLUDING TIME
Date : 9/29/11
Time : 9:00 a.m.
Court : Hon. Morrison C. England, Jr.
IT IS HEREBY STIPULATED by and among Plaintiff United States of America, through Assistant United States Attorney Paul A. Hemesath; Defendant Juan Manuel Cuevas, through his counsel, J. Toney; and Defendant Hugo Chavez De La Cruz, through his counsel, Gilbert A. Roque, that the Status Conference scheduled for August 25, 2011, at 9:00 a.m., be vacated and the matter be continued to September 29, 2011, at 9:00 a.m., before the Honorable Morrison C. England, Jr.
This continuance is requested by the defense in order to permit further diligent examination of possible defenses, further client consultation concerning available courses of action, negotiations with the prosecution and review of discovery.
IT IS FURTHER STIPULATED that time for trial under the Speedy Trial Act, 18 U.S.C. § 3161 et seq. be tolled pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), Local Code T-4 (time to prepare), and that the ends of justice served in granting the continuance and allowing the defendants further time to prepare outweigh the best interests of the public and the defendants in a speedy trial.
The Court is advised that all counsel have conferred about this request, that they have agreed to the September 29, 2011 date, and that all counsel have authorized Mr. Roque to sign this stipulation on their behalf.
IT IS SO STIPULATED.
Respectfully submitted,
GILBERT A. ROQUE, Attorney for
HUGO CHAVEZ DE LA CRUZ, Defendant
J. TONEY, Attorney for
JUAN MANUEL CUEVAS, Defendant
PAUL A. HEMESATH
Assistant United States Attorney
Attorney for Plaintiff
ORDER
The Court, having received, read and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties, the Court finds that the ends of justice served by the granting of such continuance outweigh the best interests of the public and the defendants in a speedy trial, and orders that the time from the date of the parties' stipulation, August 12, 2011, to and including the new Status Conference, September 29, 2011, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4 (reasonable time for defense counsel to prepare).
It is further ordered that the August 25, 2011, Status Conference is vacated and shall be continued until September 29, 2011, at 9:00 a.m.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE