Opinion
CR-S-07-0099 LKK
08-30-2011
UNITED STATES OF AMERICA, Plaintiff, v. ALBERTO ARELLANES FELIX, Defendant.
DAVID W. DRATMAN Attorney for Defendant ALBERTO ARELLANES FELIX BENJAMIN B. WAGNER UNITED STATES ATTORNEY JASON HITT Assistant U.S. Attorney *Signed with permission
DAVID W. DRATMAN
Attorney at Law
State Bar No. 78764
Attorney for Defendant
ALBERTO ARELLANES FELIX
STIPULATION AND ORDER
CONTINUING HEARING,
RESETTING BRIEFING
SCHEDULE AND EXCLUDING
TIME UNDER THE SPEEDY
TRIAL ACT
IT IS HEREBY STIPULATED between the United States of America, through its attorney of record, Jason Hitt, Assistant U.S. Attorney; and, Alberto Arellanes Felix, through his attorney, David W. Dratman, that the hearing scheduled for August 30, 2011 shall be continued to October 18, 2011 at 9:15 a.m; and, that the following briefing schedule on the filing of defense motions be adopted:
Defense motions due: September 13, 2011
Government's Opposition due: October 4, 2011
Defendant's Reply due: October 11, 2011
Non-Evidentiary Hearing: October 18, 2011 at 9:15 a.m.
The parties had previously stipulated and the Court had ordered the exclusion of time through August 30, 2011. Defense counsel has had other matters in trial and/or in trial preparation; and, as a result counsel has been behind on filing the motions in this case which requires additional time. The parties stipulate that the foregoing justifies an exclusion of time between August 30, 2011 and October 18, 2011, within which the trial of this case must be commenced, pursuant to the provisions of the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4 (time for defense counsel to prepare and continuity of counsel).
DAVID W. DRATMAN
Attorney for Defendant
ALBERTO ARELLANES FELIX
BENJAMIN B. WAGNER
UNITED STATES ATTORNEY
JASON HITT
Assistant U.S. Attorney
*Signed with permission
ORDER
The Court, having 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 failure to set this briefing schedule would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and that the time from August 30, 2011 to and including October 18, 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 Local Code T4 (time for defense counsel to prepare and continuity of counsel)(18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
It is so ordered.
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT