Opinion
No. 2:11-cr-214 JAM
01-09-2012
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
Time: 9:30 a.m.
Judge: John A. Mendez
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Jason S. Hitt, counsel for Plaintiff, and Assistant Federal Defender Jeffrey L. Staniels, counsel for defendant, MICHAEL ANTHONY HERNANDEZ, that the status conference now set for January 10, 2012, be vacated and the matter continued to March 6, 2012 at 1:30 p.m., to allow further time for defense preparation and consultation concerning possible terms of resolution of these charges without trial. Additionally, government counsel has ordered his agents to produce further information responsive to an outstanding discovery by counsel for Mr. Hernandez. Counsel for Mr. Garibay has also advised that he must travel out of the district to attend to an urgent family medical situation as soon as possible
IT IS FURTHER STIPULATED that a continuance is reasonably necessary given the current state of defense preparation which is proceeding apace and given the availability of government and defense counsel during this intervening period, and that the time from January 10, 2012, through March 6, 2012. For those reasons the court finds that the interests of justice served by granting this request outweigh the interests of the defendant and the public in a speedy trial. Time therefore should be excluded from computation of 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
IT IS SO STIPULATED.
____________
Jason S. Hitt
Assistant United States Attorney
Counsel for Plaintiff
____________
Jeffrey L. Staniels
Assistant Federal Defender
Counsel for Defendant
MICHAEL ANTHONY HERNANDEZ
_____________________
Counsel for Defendant
JESUS RODRIGUEZ GARIBAY
ORDER
Based on the 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.
IT IS SO ORDERED.
By the Court,
____________________
Hon. John A. Mendez
United States District Judge