Opinion
2:21-cr-00224-CDS-VCF
04-19-2022
UNITED STATES OF AMERICA, Plaintiff, v. JAIRO GARCIA, Defendant.
CHRISTOPHER CHIOU Acting United States Attorney K.NICHOLAS PORTZ Special Assistant United States Attorney. RENE L. VALLADARES Federal Public Defender BENJAMIN F.J. NEMEC Assistant Federal Public Defender.
CHRISTOPHER CHIOU Acting United States Attorney K.NICHOLAS PORTZ Special Assistant United States Attorney.
RENE L. VALLADARES Federal Public Defender BENJAMIN F.J. NEMEC Assistant Federal Public Defender.
STIPULATION TO CONTINUE GOVERNMENT'S PRETRIAL MOTION RESPONSE DEADLINE TO MAY 6, 2022
IT IS HEREBY STIPULATED AND AGREED, by and between Christopher Chiou, United States Attorney, and Kenneth Nicholas Portz, Special Assistant United States Attorney, counsel for the United States of America, and Rene L. Valladares, Federal Public Defender, and Benjamin F. J. Nemec, Assistant Federal Public Defender, counsel for Jairo Garcia, that the government's response deadline to Defendant's Motion to Suppress (ECF No. 27) currently set for April 28, 2022, be vacated and extended to May 6, 2022 (the original deadline for the government's Response).
This Stipulation is entered into for the following reasons:
1. The parties previously entered a Stipulation to Continue Pretrial Motion Deadlines
(First Request), because defense counsel caught the flu prior to the original motion deadline and needed additional time to complete the motion to suppress. (ECF No. 24). Within that stipulation, the parties agreed to a deadline of May 6, 2022, for all responsive pleadings filed in this case. (ECF No. 24).
2. The May 6, 2022, responsive pleading deadline was agreed to, in part, because undersigned counsel for the government would be out of the jurisdiction from April 10 through 17, 2022, and required an appropriate amount of time to prepare a response. The parties discussed this fact prior to filing the original stipulation.
3. The parties agree to the extension of the response deadline for the government.
The defendant is incarcerated and does not object to the extension.
4. The additional time requested herein is not sought for purposes of delay, nor will it cause delay to the trial which is scheduled for October 18, 2022.
5. Additionally, denial of this request for continuance could result in a miscarriage of justice. The additional time requested by this Stipulation is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), considering the factors under Title 18, United States Code, Section 3161(h)(7)(B)(i), (iv).
This is the first request to extend a responsive pleading deadline.
FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER
FINDINGS OF FACT
Based on the pending Stipulation of counsel, and good cause appearing therefore, the Court finds that:
1. The parties originally agreed to a responsive pleading deadline of May 6, 2022.
2. The defendant is incarcerated and does not object to the extension.
3. The parties agree to the extension.
6. The additional time requested herein is not sought for purposes of delay, as trial in this matter is scheduled for October 18, 2022.
4. Additionally, denial of this request for continuance could result in a miscarriage of justice. The additional time requested by this Stipulation is excludable in computing the time within which the trial herein must commence pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), considering the factors under Title 18, United States Code, Section 3161(h)(7)(B)(i), (iv).
CONCLUSIONS OF LAW
The ends of justice served by granting said extension outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant said extension would be likely to result in a miscarriage of justice, would deny the parties herein sufficient time and the opportunity within which to be able to effectively and thoroughly prepare for trial, taking into account the exercise of due diligence.
The extention sought herein is excludable under the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), when the considering the facts under Title 18, United States Code, §§ 316(h)(7)(B) and 3161(h)(7)(B)(iv).
ORDER
IT IS THEREFORE ORDERED that the government's response deadline to Defendant's Motion to Suppress (ECF No. 27) currently set for April 28, 2022, be vacated and extended to May 6, 2022