Opinion
No. 2:09-cr-00484 MCE
08-11-2011
UNITED STATES OF AMERICA, Plaintiff, v. ALAN HERNANDEZ, Defendant.
Paul Hemesath Assistant United States Attorney Counsel for Plaintiff Jeffrey L. Staniels Assistant Federal Defender Counsel for Defendant ALAN HERNANDEZ
DANIEL J. BRODERICK, Bar #89424
Federal Defender
JEFFREY L. STANIELS, Bar #91413
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
ALAN HERNANDEZ
STIPULATION AND ORDER CONTINUING CASE
Time: 9:00 a.m.
Judge: Hon. Morrison C. England, Jr.
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Paul Hemesath, counsel for Plaintiff, and Assistant Federal Defender Jeffrey L. Staniels, counsel for Defendant, that the above case be dropped from this court's August 11, 2011, calendar, that the current post-trial motion briefing schedule be vacated, and that the matter be recalendared for October 6, 2011, at 9:00 a.m., for status conference.
Counsel are still engaged in discussions intended to result in an agreement to withdraw the post-trial motion in favor of certain sentence related stipulations which are under active consideration. Discussions center on a recent Supreme Court case, a newly announced Department of Justice Policy responding to the case, and the continuing validity of pre-existing Ninth Circuit precedent. If an agreement can be reached certain benefits redound to Mr. Hernandez, and a potentially time-consuming involved hearing and certain appeal issues may be averted.
IT IS FURTHER STIPULATED that the Speedy Trial Act does not apply to this post-trial application.
Paul Hemesath
Assistant United States Attorney
Counsel for Plaintiff
Jeffrey L. Staniels
Assistant Federal Defender
Counsel for Defendant
ALAN HERNANDEZ
ORDER
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE