Opinion
No. 2:11-CR-00096 JAM
10-17-2011
UNITED STATES OF AMERICA, Plaintiff, v. ALEJANDRO FLETES-LOPEZ, et al., Defendants.
MICHAEL E. HANSEN Attorney for Defendant MARCELA SANTAMARIA LAW OFFICES OF ARTURO HERNANDEZ-MELENDEZ Michael E. Hansen for ARTURO HERNANDEZ Attorney for Defendant ALEJANDRO FLETES-LOPEZ LAW OFFICES OF DONALD MASUDA By: Michael E. Hansen for KENNY GIFFARD DONALD MASUDA Attorneys for Defendant IRMA GONZALEZ LAW OFFICES OF TIM A. PORI Michael E. Hansen for TIM PORI Attorney for Defendant ORLANDO FLETES-LOPEZ CHRISTOPHER HAYDN-MYER LAW OFFICES Michael E. Hansen for CHRISTOPHER HAYDN-MYER Attorney for Defendant JESUS SANCHEZ-LOPEZ LAW OFFICE OF OLAF W. HEDBERG Michael E. Hansen for OLAF HEDBERG Attorney for Defendant GERMAN GONZALEZ VELAZQUEZ LAW OFFICES OF DINA L. SANTOS Michael E. Hansen for DINA SANTOS Attorney for Defendant MAURICIO PORTILLO LAW OFFICE OF CLEMENTE M. JIMENEZ Michael E. Hansen for CLEMENTE JIMENEZ Attorney for Defendant CONSEPCION CARILLO LAW OFFICE OF GILBERT A. ROQUE Michael E. Hansen for GILBERT ROQUE Attorney for Defendant GUADALUPE REYES-ONTIVEROS LAW OFFICE OF HAYES H. GABLE, III Michael E. Hansen for HAYES GABLE, III Attorney for Defendant DIANA HERNANDEZ-GONZALEZ U.S. ATTORNEY'S OFFICE By: Michael E. Hansen for MICHAEL BECKWITH PAUL HEMESATH Assistant U.S. Attorneys Attorneys for Plaintiff
Michael E. Hansen
Attorney at Law, SBN 191737
Attorney for Defendant
MARCELA SANTAMARIA
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, Michael Beckwith and Paul Hemesath, Assistant United States Attorneys, attorneys for plaintiff; Arturo Hernandez, attorney for defendant Alejandro Fletes-Lopez; Kenny Giffard and Donald Masuda, attorneys for defendant Irma Gonzalez; Tim Pori, attorney for defendant Orlando Fletes-Lopez; Christopher Haydn-Myer, attorney for defendant Jesus Sanchez-Lopez; Olaf Hedberg, attorney for defendant German Velazquez; Michael Hansen, attorney for defendant Marcela Santamaria; Dina Santos, attorney for defendant Mauricio Portillo; Clemente Jimenez, attorney for defendant Consepcion Carillo; Gilbert Roque, attorney for defendant Guadalupe Reyes-Ontiveros; and Hayes Gable, III, attorney for defendant Diana Hernandez-Gonzalez, that the previously-scheduled status conference date of October 18, 2011, be vacated and the matter set for status conference on November 8, 2011, at 9:30 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. Additionally, at least four defense attorneys are currently in trial in homicide cases in Sacramento and Yolo Counties.
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. sections 3161(h)(7)(A) and (B)(iv), corresponding to Local Codes T2 [complex case] and T4 [reasonable time for defense counsel to prepare], from the date of the parties' stipulation, October 14, 2011, to and including November 8, 2011.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED.
Respectfully submitted,
MICHAEL E. HANSEN
Attorney for Defendant
MARCELA SANTAMARIA
LAW OFFICES OF ARTURO
HERNANDEZ-MELENDEZ
By: Michael E. Hansen for
ARTURO HERNANDEZ
Attorney for Defendant
ALEJANDRO FLETES-LOPEZ
LAW OFFICES OF DONALD MASUDA
By: Michael E. Hansen for
KENNY GIFFARD
DONALD MASUDA
Attorneys for Defendant
IRMA GONZALEZ
LAW OFFICES OF TIM A. PORI
By: Michael E. Hansen for
TIM PORI
Attorney for Defendant
ORLANDO FLETES-LOPEZ
CHRISTOPHER HAYDN-MYER LAW
OFFICES
By: Michael E. Hansen for
CHRISTOPHER HAYDN-MYER
Attorney for Defendant
JESUS SANCHEZ-LOPEZ
LAW OFFICE OF OLAF W. HEDBERG
Michael E. Hansen for
OLAF HEDBERG
Attorney for Defendant
GERMAN GONZALEZ VELAZQUEZ
LAW OFFICES OF DINA L. SANTOS
By: Michael E. Hansen for
DINA SANTOS
Attorney for Defendant
MAURICIO PORTILLO
LAW OFFICE OF CLEMENTE M.
JIMENEZ
Michael E. Hansen for
CLEMENTE JIMENEZ
Attorney for Defendant
CONSEPCION CARILLO
LAW OFFICE OF GILBERT A. ROQUE
By: Michael E. Hansen for
GILBERT ROQUE
Attorney for Defendant
GUADALUPE REYES-ONTIVEROS
LAW OFFICE OF HAYES H. GABLE,
III
By: Michael E. Hansen for
HAYES GABLE, III
Attorney for Defendant
DIANA HERNANDEZ-GONZALEZ
U.S. ATTORNEY'S OFFICE
By: Michael E. Hansen for
MICHAEL BECKWITH
PAUL HEMESATH
Assistant U.S. Attorneys
Attorneys 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 defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, October 14, 2011, to and including November 8, 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. sections 3161(h)(7)(A) and (B)(iv), and Local Codes T2 [complex case] and T4 [reasonable time for defense counsel to prepare]. It is further ordered that the October 18, 2011, status conference shall be continued until November 8, 2011, at 9:30 a.m.
IT IS SO ORDERED.
JOHN A. MENDEZ
United States District Judge