Opinion
NO. CR.S-11-176-JAM
08-19-2011
UNITED STATES OF AMERICA, Plaintiff, v. MARIA GUTIERREZ-BLANCA, Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender COURTNEY FEIN Bar #244785 Attorney for Defendant MARIA GUTIERREZ-BLANCA
DANIEL J. BRODERICK, Bar #89424
Federal Defender
COURTNEY FEIN Bar #244785
Attorney for Defendant
MARIA GUTIERREZ-BLANCA
STIPULATION AND ORDER; CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
Date: October 4, 2011
Judge: Hon. John A. Mendez
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MICHELE BECKWITH, Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN, attorney for MARIA GUTIERREZ-BLANCA, that the status conference hearing date of August 23, 2011 be vacated, and the matter be set for status conference on October 4, 2011 at 9:30 a.m.
The reason for this continuance is to allow defense counsel additional time to review the discovery, consult with her client, examine possible defenses, and continue investigating the facts of the case.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including October 4, 2011 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Public Defender
COURTNEY FEIN
Assistant Federal Defender
Designated Counsel for Service
Attorney for MARIA GUTIERREZ-BLANCA
BENJAMIN WAGNER
United States Attorney
MICHELE BECKWITH
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the August 23, 2011, status conference hearing be continued to October 4, 2011, at 9:30 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel 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 a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the October 4, 2011 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
JOHN A. MENDEZ
United States District Court Judge