Opinion
Case No. 2:10-cr-00389 EJG
10-13-2011
UNITED STATES OF AMERICA, Plaintiff, v. MAXIMIANO GONZALEZ-ALMANZAR, Defendant.
BENJAMIN WAGNER United States Attorney HEIKO P. COPPOLA Assistant United States Attorney ERIN J. RADEKIN Attorney for Defendant MAXIMIANO GONZALEZ-ALMANZAR
ERIN J. RADEKIN
Attorney at Law - SBN 214964
428 J Street, Suite 350
Sacramento, California 95814
Telephone: (916) 446-3331
Facsimile: (916) 447-2988
Attorney for Defendant
MAXIMIANO GONZALEZ-ALMANZAR
STIPULATION AND ORDER TO
CONTINUE STATUS CONFERENCE
STIPULATION
Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Heiko P. Coppola, and defendant Maximiano Gonzalez-Almanzar, by and through his counsel, Erin J. Radekin, agree and stipulate to vacate the date set for status conference in the above-captioned matter, October 14, 2011 at 10:00 a.m. and to continue the status conference to November 18, 2011 at 10:00 a.m., in the courtroom of the Honorable Edward J. Garcia.
Clemente Jimenez was recently appointed to provide a second opinion to Mr. Gonzalez-Almanzar regarding the advisability of accepting the current plea agreement. This continuance is requested to permit Mr. Jimenez additional time to review the discovery and the plea agreement and to meet with Mr. Gonzalez-Almanzar, who is in custody and housed in Oroville, CA. Ms. Radekin has consulted with Mr. Jimenez, and he confirms he needs this continuance for this purpose. Ms. Radekin has also discussed this matter with Mr. Coppola, and he has no objection to a continuance for this purpose. Further, he has authorized Ms. Radekin to sign this stipulation on his behalf.
The parties further agree and stipulate that the time period from the filing of this stipulation until November 18, 2011 should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. It is further agreed and stipulated that the ends of justice served in granting the request outweigh the best interests of the public and the defendant in a speedy trial.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation. IT IS SO STIPULATED.
BENJAMIN WAGNER
United States Attorney
By: HEIKO P. COPPOLA
Assistant United States Attorney
ERIN J. RADEKIN
Attorney for Defendant
MAXIMIANO GONZALEZ-ALMANZAR
ORDER
For the reasons set forth in the accompanying stipulation and declaration of counsel, the status conference of October 14, 2011 at 10:00 a.m. is VACATED and the above-captioned matter is set for status conference on November 18, 2011 at 10:00 a.m. in the courtroom of the Honorable Edward J. Garcia. The court finds excludable time in this matter through November 18, 2011 under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. For the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the request outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. 3161(h)(7)(A), (h)(7)(B)(iv). IT IS SO ORDERED.
HON. EDWARD J. GARCIA
United States District Judge