Opinion
No. CR-S-11-00075-MCE
09-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. CRESCENCIO DELGADO-ESQUIVEL, et al., Defendants.
DANIEL BRODERICK Federal Defender DOUG BEEVERS Assistant Federal Defender Attorney for Defendant CRESCENCIO DELGADO-ESQUIVEL GILBERT ROQUE Attorney for Defendant SALVADOR JAMACICA-ARELANO CLEMENTE JIMENEZ Attorney for Defendant LAZARO ANDRADE-BAUTISTA BENJAMIN B. WAGNER United States Attorney SAMUEL WONG Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
DOUGLAS BEEVERS, USVI Bar #766
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
CRESCENIO DELGADO-ESQUIVEL
STIPULATION AND ORDER TO CONTINUE
STATUS CONFERENCE
Date: November 17, 2011
Time: 9:00 a.m.
Judge: Hon. Morrison C. England
IT IS HEREBY STIPULATED between the parties, plaintiff United States of America by its attorney SAMUEL WONG, Assistant United States Attorney; DOUGLAS BEEVERS, Assistant Federal Defender, attorney for defendant CRESCENCIO DELGADO-ESQUIVEL; GILBERT ROQUE, attorney for defendant SALVADOR JAMACICA-ARELANO; CLEMENTE JIMENEZ, attorney for defendant LAZARO ANDRADE-BAUTISTA; that the status conference of September 29, 2011 at 9:00 a.m., be vacated, and the matter be set for status conference on November 17, 2011, at 9:00 a.m.
The reason for the continuance to allow defense counsel additional time to review the voluminous discovery, investigate the facts of the case, and communicate the progress of the preparation of each defendant's defense to each client. These tasks are made much more difficult and time consuming as all defendants are Spanish speakers and require the use of a Spanish/English intepreter to aid in the tranlation of documents, such as proposed plea agreements and discovery reports, and in working with any non-Spanish speaking defense counsel. The task of preparation of defendant DELGADO-ESQUIVEL's defense is made particularly more difficult because he is named as a defendant in two separate criminal cases stemming from the same criminal investigation. The parties agree a continuance is necessary for these purposes, and agree to exclude time under the Speedy Trial Act accordingly.
IT IS STIPULATED that the period from the date of the parties' stipulation, September 27, 2011, and up to and including the November 17, 2011, Status Conference, shall be excluded in computing the time within which 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 and T4 (ongoing preparation of defense counsel). The parties further stipulate and agree that the Court shall find that: (1) the requested continuance is necessary to provide defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; and (2) the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendants in a speedy trial.
Respectfully submitted,
DANIEL BRODERICK
Federal Defender
DOUG BEEVERS
Assistant Federal Defender
Attorney for Defendant
CRESCENCIO DELGADO-ESQUIVEL
GILBERT ROQUE
Attorney for Defendant
SALVADOR JAMACICA-ARELANO
CLEMENTE JIMENEZ
Attorney for Defendant
LAZARO ANDRADE-BAUTISTA
BENJAMIN B. WAGNER
United States Attorney
SAMUEL WONG
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for September 29, 2011, be continued to November 17, 2011, at 9:00 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161, the requested continuance is necessary to provide defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendants in a speedy trial.
It is ordered that time from the date of the parties' stipulation, September 27, 2011, up to and including, the November 17, 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 T4 (allow defense counsel reasonable time to prepare).
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE