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United States v. Guzman

United States District Court, Eastern District of California
Oct 13, 2022
1:20-CR-00019-ADA-BAM (E.D. Cal. Oct. 13, 2022)

Opinion

1:20-CR-00019-ADA-BAM

10-13-2022

UNITED STATES OF AMERICA, Plaintiff, v. ALEXIS MELCHOR GUZMAN, Defendant.

PHILLIP A. TALBERT United States Attorney JUSTIN J. GILIO Assistant United States Attorney James Homola Attorney for Defendant Alexis Melchor Guzman


PHILLIP A. TALBERT United States Attorney

JUSTIN J. GILIO Assistant United States Attorney

James Homola Attorney for Defendant Alexis Melchor Guzman

STIPULATION TO VACATE TRIAL AS TO ALEXIS MELCHOR GUZMAN AND SET CASE FOR CHANGE OF PLEA AND ORDER THEREON

HON. ANA DE ALBA, UNITED STATES DISTRICT JUDGE

STIPULATION

Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:

1. By previous order, this matter was set for a trial confirmation hearing on October 31, 2022, at 9:00 a.m. and a jury trial on November 15, 2022.

2. By this stipulation, defendant now moves to vacate the trial confirmation hearing and the trial as to ALEXIS MELCHOR GUZMAN and to set the case for a change of plea hearing on January 9, 2023 at 8:30 a.m. before the Hon. Ana de Alba. The proposed change of plea date represents the earliest date that all counsel are available, taking into account counsels' schedules, defense counsels' commitments to other clients, and the court's available dates for a change of plea hearing. In addition, the public health concerns cited by General Orders 611, 612, 617, 618, and 620 and subsequent general orders presented by the evolving COVID-19 pandemic, an ends-of-justice delay is particularly apt in this case because counsel or other relevant individuals have been encouraged to telework and minimize personal contact to the greatest extent possible.

3. The parties agree and stipulate, and request that the Court find the following:

a) Discovery in this case has been provided, and consists of voluminous investigative reports, wire interceptions recordings and electronic messages, precise location information data, and more, approximately 82,000 pages/files, as well as cellular phone downloads. Defense counsel requires additional time to review the discovery, to conduct additional investigation and legal research, and to confer with his client about how to proceed in this case. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b) Counsel for the defendants believes that failure to grant the above-requested
continuance would deny him/her the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
c) The government does not object to the continuance.
d) Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
e) For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of November 15, 2022 to January 9, 2023, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.

4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.

IT IS SO ORDERED.


Summaries of

United States v. Guzman

United States District Court, Eastern District of California
Oct 13, 2022
1:20-CR-00019-ADA-BAM (E.D. Cal. Oct. 13, 2022)
Case details for

United States v. Guzman

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. ALEXIS MELCHOR GUZMAN, Defendant.

Court:United States District Court, Eastern District of California

Date published: Oct 13, 2022

Citations

1:20-CR-00019-ADA-BAM (E.D. Cal. Oct. 13, 2022)