Opinion
No. CR-S 11-0097 KJM
10-25-2011
UNITED STATES OF AMERICA, Plaintiff, v. MARIA HERNANDEZ, COSME RODRIGUEZ Defendant.
DINA L. SANTOS Attorney for Maria Hernandez RANDALL ENSMINGER Attorney for Cosme Rodriguez DANIEL MCCONKIE Assistant United States Attorney Attorney for Plaintiff
DINA L. SANTOS, Bar #204200
Attorney at Law
Attorney for Defendant
MARIA HERNANDEZ
STIPULATION AND ORDER VACATING DATE, CONTINUING CASE, AND EXCLUDING TIME
Judge: Kimberly J. Mueller
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Daniel McConkie, Counsel for Plaintiff, Attorney Dina L. Santos, Counsel for Defendant Maria Hernandez; and Attorney Randall Ensminger, Counsel for Cosme Rodriguez, that the status conference scheduled for September 1, 20011 be vacated and the matter be continued to this Court's criminal calendar on Dec. 15, 2011, at 10:00 a.m. for further status and possible change of plea
This continuance is requested by the defense in order to permit counsel to conduct investigation, review discovery, and continue in negotiations with the prosecution in attempt to finalize a plea agreement. The Government has recently provided draft plea agreements to both Defendant's, and both Counsel need time to review the drafts with their respective clients and negotiate any changes.
IT IS FURTHER STIPULATED that time for trial under the Speedy Trial Act, 18 U.S.C. § 3161 et. seq. be tolled pursuant to § 3161(h)(7)(A) & (B)(iv), Local code T-4 (time to prepare), and that the ends of justice served in granting the continuance and allowing the defendant further time to prepare outweigh the best interests of the public and the defendant in a speedy trial.
The Court is advised that all counsel have conferred about this request, that they have agreed to the December 15, 2011, date, and that all Counsel have authorized Ms. Santos to sign this stipulation on their behalf.
IT IS SO STIPULATED.
DINA L. SANTOS
Attorney for
Maria Hernandez
RANDALL ENSMINGER
Attorney for
Cosme Rodriguez
DANIEL MCCONKIE
Assistant United States Attorney
Attorney for Plaintiff
ORDER
The court finds excludable time through December 15, 2011, based on Local Code T4, giving counsel reasonable time to prepare, and finds that the ends of justice served by excluding time outweigh the interest of the public and the defendant in a speedy trial.
IT IS SO ORDERED.
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UNITED STATES DISTRICT JUDGE