Opinion
No. 2:11-cr-214 JAM
08-08-2011
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
Date: August 9, 2011
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 August 9, 2011, be vacated and the matter continued to September 20, 2011, to allow further time for defense preparation and consultation concerning possible terms of resolution of these charges without trial.
IT IS FURTHER STIPULATED that a continuance is reasonably necessary given the current state of defense preparation which is diligently proceeding apace and given the availability of government and defense counsel during this intervening period, and that the time from August 9, 2011, through September 20, 2011, 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