Opinion
No. 2:11-CR-00076 LKK
09-19-2011
UNITED STATES OF AMERICA, Plaintiff, v. CRESCENCIO DELGADO-EZQUIVEL, et al., Defendants.
Respectfully submitted, Michael E. Hansen MICHAEL E. HANSEN Attorney for Defendant NORMA GONZALEZ Michael E. Hansen for DOUGLAS BEEVERS Attorney for Defendant CRESCENCIO DELGADO-EZQUIVEL Michael E. Hansen for DANNY D. BRACE, JR. Attorney for Defendant ARMANDO VASQUEZ-BARRAGAN Michael E. Hansen for DINA SANTOS Attorney for Defendant WALDO PEREZ-MENDOZA Michael E. Hansen for DWIGHT SAMUEL Attorney for Defendant VICTOR GONZALEZ BENJAMIN B. WAGNER United States Attorney By: Michael E. Hansen for SAMUEL WONG Assistant U.S. Attorney Attorney for Plaintiff
Michael E. Hansen
Attorney at Law, SBN 191737
Attorney for Defendant
NORMA GONZALEZ
AMENDED STIPULATION AND
ORDER TO CONTINUE STATUS
CONFERENCE, AND TO EXCLUDE
TIME PURSUANT TO THE SPEEDY
TRIAL ACT
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Samuel Wong, Assistant United States Attorney, attorney for plaintiff; Michael E. Hansen, attorney for defendant Norma Gonzalez; Douglas Beevers, attorney for defendant Crescencio Delgado-Ezquivel; Danny D. Brace, Jr., attorney for defendant Armando Vasquez-Barragan; Dina Santos, attorney for defendant Waldo Perez-Mendoza; and Dwight Samuel, attorney for defendant Victor Gonzalez, that the previously-scheduled status conference date of September 20, 2011, be vacated and the matter set for status conference on December 13, 2011, at 9:15 a.m.
This continuance is requested to allow counsel additional time to review discovery with the defendants, to examine possible defenses and to continue investigating the facts of the case. These tasks are made more difficult and time-consuming because many of the defendants are Spanish language speakers and communications with their counsel need to be conducted with the assistance of a Spanish-English language interpreter and/or the defendants are housed in outlying county jails outside of Sacramento County.
The Government concurs with this request.
Further, the parties agree and stipulate the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendants in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. section 3161(h)(7)(A) and (B)(iv), corresponding to Local Code T-4 (to allow defense counsel time to prepare), from the date of the parties' stipulation, September 16, 2011, to and including December 13, 2011. The parties further stipulate and agree that the failure to grant the requested continuance in this case would deny counsel for defendants reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation as its order.
Respectfully submitted,
Michael E. Hansen
MICHAEL E. HANSEN
Attorney for Defendant
NORMA GONZALEZ
Michael E. Hansen for
DOUGLAS BEEVERS
Attorney for Defendant
CRESCENCIO DELGADO-EZQUIVEL
Michael E. Hansen for
DANNY D. BRACE, JR.
Attorney for Defendant
ARMANDO VASQUEZ-BARRAGAN
Michael E. Hansen for
DINA SANTOS
Attorney for Defendant
WALDO PEREZ-MENDOZA
Michael E. Hansen for
DWIGHT SAMUEL
Attorney for Defendant
VICTOR GONZALEZ
BENJAMIN B. WAGNER
United States Attorney
By: Michael E. Hansen for
SAMUEL WONG
Assistant U.S. 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 and the recitation of facts contained therein, the Court 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. section 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation 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 the requested continuance outweigh the best interests of the public and the defendant in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, September 16, 2011, to and including December 13, 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. section 3161(h)(7)(A) and (B)(iv), and Local Code T4 (reasonable time for defense counsel to prepare). It is further ordered that the September 20, 2011, status conference shall be continued until December 13, 2011, at 9:15 a.m.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT