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United States v. Gonzalez-Navarro

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Jun 13, 2014
CR 14-00140 RMW (N.D. Cal. Jun. 13, 2014)

Opinion

          STEVEN G. KALAR, Federal Public Defender, VARELL L. FULLER, Assistant Federal Public Defender, San Jose, CA, Counsel for Defendant GONZALEZ-NAVARRO.


          STIPULATION AND [] ORDER CONTINUING HEARING TO JULY 21, 2014, AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

          RONALD M. WHYTE, District Judge.

         STIPULATION

         The defendant and the government, acting through their respective counsel, hereby stipulate, subject to the Court's approval, that the status hearing date currently set for June 16, 2014, be vacated and continued to July 21, 2014, at 9:00 a.m.

         The reason for the requested continuance is defense counsel will be unavailable on June 16, 2014, the date now set for a further status in this matter. Defense counsel will be out of the district attending a two week seminar. The parties anticipate Mr. Gonzalez-Navarro will enter a change of plea at the July 21, 2014, status date and requests immediate sentencing. However, the proposed disposition still requires supervisory approval from within the U.S. Attorney's Office. The parties therefore respectfully request a continuance and exclusion of time based on the parties' need to effectively prepare and continuity of counsel.

         Accordingly, the parties agree and stipulate that time should be excluded from June 16, 2014, through and including July 21, 2014, under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for effective preparation and continuity of counsel. The defendant and the government further agree that granting the requested exclusion of time will serve the interest of justice and the ends of justice outweigh the interest of the public and the defendant in a speedy trial.

         IT IS SO STIPULATED.

         [] ORDER

         GOOD CAUSE APPEARING, upon stipulation of the parties, IT IS HEREBY ORDERED that the status hearing currently set for June 16, 2014, shall be continued to July 21, 2014, at 9:00 a.m.

         THE COURT FINDS that failing to exclude the time between June 16, 2014, and July 21, 2014, would unreasonably deny both parities the reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and deny the defendant continuity of counsel. See 18 U.S.C. § 3161(h)(7)(A) and (h)(7)(B)(iv).

         THE COURT FURTHER FINDS that the ends of justice served by excluding the time between June 16, 2014, and July 21, 2014, from computation under the Speedy Trial Act outweigh the interests of the public and the defendants in a speedy trial.

         THEREFORE, IT IS HEREBY ORDERED that the time between June 16, 2014, and July 21, 2014, shall be excluded from computation under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (h)(7)(B)(iv).

         IT IS SO ORDERED.


Summaries of

United States v. Gonzalez-Navarro

United States District Court, Ninth Circuit, California, N.D. California, San Jose Division
Jun 13, 2014
CR 14-00140 RMW (N.D. Cal. Jun. 13, 2014)
Case details for

United States v. Gonzalez-Navarro

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. FELIPE DE JESUS GONZALEZ-NAVARRO…

Court:United States District Court, Ninth Circuit, California, N.D. California, San Jose Division

Date published: Jun 13, 2014

Citations

CR 14-00140 RMW (N.D. Cal. Jun. 13, 2014)