Opinion
No. 2:11-cr-214 JAM
07-31-2012
UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL ANTHONY HERNANDEZ, JESUS RODRIGUEZ GARIBAY Defendants.
DANIEL J. BRODERICK, Bar #89424 Federal Defender JEFFREY L. STANIELS, Bar #91413 Assistant Federal Defender Designated Counsel for Service Attorney for Defendant MICHAEL ANTHONY HERNANDEZ
DANIEL J. BRODERICK, Bar #89424
Federal Defender
JEFFREY L. STANIELS, Bar #91413
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
MICHAEL ANTHONY HERNANDEZ
STIPULATION AND ORDER CONTINUING CASE
Judge: John A. Mendez
IT IS HEREBY STIPULATED by and among Assistant United States Attorney Jason S. Hitt, counsel for Plaintiff, Michael Pratt, counsel for Jesus Garibay, and Assistant Federal Defender Jeffrey L. Staniels, counsel for defendant, MICHAEL ANTHONY HERNANDEZ, that the status conference now set for July 31, 2012, be vacated and the matter continued to September 18, 2012 at 9:45 a.m., to allow further time for defense preparation and consultation concerning possible terms of resolution of these charges without trial.
The court is advised that efforts to agree on terms of possible resolution without trial continue to be sought, and it is believed that progress toward that goal is being made with respect to both defendants. One cause of delay has been the unavailability until very recently to Mr. Hitt of his case agent, whose input is significant for purposes of evaluating tentatively proposed terms of settlement. In addition both defendants are housed at the Butte County jail which complicates the planning needed to consult with them.
IT IS FURTHER STIPULATED that a continuance is reasonably necessary given the current state of negotiations and of defense preparation. For those reasons the court is requested to find that the interests of justice served by granting this continuance from July 31, 2012, through September 18, 2012 outweigh the interests of the defendant and the public in a speedy trial and that time within which the trial of this matter must be commenced under the Speedy Trial Act, 18 U.S.C. §§ 3161 et. seq., pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv) and Local Code T-4 should be excluded.
IT IS SO STIPULATED.
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Jason S. Hitt
Assistant United States Attorney
Counsel for Plaintiff
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Jeffrey L. Staniels
Assistant Federal Defender
Counsel for Defendant
MICHAEL ANTHONY HERNANDEZ
Michael E. Platt
Counsel for Defendant
JESUS RODRIGUEZ GARIBAY
ORDER
Based on the above representations of counsel the court finds that the requested continuance is appropriate and that the interests of the government and the defense in granting this continuance outweigh the interests of the defendants and the public in a speedy trial. The requested continuance is therefore GRANTED. Time for trial under the Speedy Trial Act, 18 U.S.C. §§ 3161 et. seq., is excluded from July 31, 2012, through September 18, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv) and Local Code T
IT IS SO ORDERED.
By the Court,
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Hon. John A. Mendez
United States District Court Judge