Opinion
Cr.S. 11-276-JAM
01-13-2012
UNITED STATES OF AMERICA, Plaintiff, v. YAN EBYAM, et al. Defendants.
Respectfully submitted, DANIEL J. BRODERICK Federal Defender MATTHEW M. SCOBLE Assistant Federal Defender Attorney for YAN EBYAM Matthew M. Scoble for DINA SANTOS Attorney for ALBERTO VELEZ Matthew M. Scoble for GILBERT ROQUE Attorney for Joel Santiago-Ojeda Matthew M. Scoble for CLYDE BLACKMON Attorney for JONATHAN AUSTIN BENJAMIN B. WAGNER United States Attorney Matthew M. Scoble for SAMUEL WONG Assistant U.S. Attorney
DANIEL J. BRODERICK, Bar# 89424
Federal Defender
MATTHEW M. SCOBLE, Bar# 237432
Assistant Federal Defender
Attorney for Defendant
YAN EBYAM
STIPULATION AND ORDER
JUDGE: Hon. John A. Mendez
It is hereby stipulated and agreed to between the United States of America through, SAMUEL WONG, Assistant U.S. Attorney, defendant, YAN EBYAM by and through his counsel, MATTHEW M. SCOBLE, Assistant Federal Defender, DINA SANTOS, attorney for ALBERTO VELEZ, GILBERT ROQUE, attorney for JOEL SANTIAGO-OJEDA, and CLYDE BLACKMAN, attorney for JONATHAN AUSTIN that the status conference set for Tuesday, January 17, 2012, be continued to Tuesday, March 13, 2012, at 9:30 a.m.
This case involves approximately 2,000 pages of initial discovery, two search warrants, and four defendants. Additionally, defendant Yan Ebyam is named as a defendant in two indictments pending before this Court, Case Nos. 2:11-CR-275 JAM and 2:11-CR-276 JAM, which make preparation for his defense even more difficult and time consuming. The reason for this continuance is to allow defense counsel additional time to review discovery with the defendants, to examine possible defenses, and to continue investigating the facts of the case.
The parties agree that the requested continuance is necessary to provide defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The parties agree that the ends of justice to be served by a continuance outweigh the best interests of the public and the defendants in a speedy trial, and they ask the Court to exclude time within which the trial of this matter must be commenced under the Speedy Trial Act from the date of this stipulation, January 12, 2012, through March 13, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4, pertaining to reasonable time for defense preparation.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
____________
MATTHEW M. SCOBLE
Assistant Federal Defender
Attorney for YAN EBYAM
Matthew M. Scoble for
DINA SANTOS
Attorney for ALBERTO VELEZ
Matthew M. Scoble for
GILBERT ROQUE
Attorney for Joel Santiago-Ojeda
Matthew M. Scoble for
CLYDE BLACKMON
Attorney for JONATHAN AUSTIN
BENJAMIN B. WAGNER
United States Attorney
Matthew M. Scoble for
SAMUEL WONG
Assistant U.S. Attorney
ORDER
The Court having received, read, and considered the stipulation of the parties and good cause appearing therefrom, the Court adopts the parties' stipulation as its order in its entirety. It is ordered that the status conference presently set for January 17, 2012, be continued to March 13, 2012, at 9:30 a.m. The Court hereby finds that 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, January 12, 2012, up to and including, the March 13, 2012, 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.
_________
HON. JOHN A. MENDEZ
United States District Court Judge