Opinion
NO. CR-S-10-501 GEB
08-26-2011
UNITED STATES OF AMERICA, Plaintiff, v. JAVIER HERNANDEZ-LOPEZ, et al., Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender MATTHEW C. BOCKMON, Bar # 161566 Chief Assistant Federal Defender Designated Counsel for Service Attorney for Defendant JAVIER HERNANDEZ-LOPEZ
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MATTHEW C. BOCKMON, Bar # 161566
Chief Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
JAVIER HERNANDEZ-LOPEZ
STIPULATION AND [PROPOSED] ORDERTO CONTINUE STATUS CONFERENCE AND TO EXCLUDE TIME
Date: September 16, 2011
Time: 9:00 a.m.
Judge: Garland E. Burrell, Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Michael D. Anderson, Assistant United States Attorney, attorney for Plaintiff, together with Matthew C. Bockmon, Assistant Federal Defender, attorney for Defendant, JAVIER HERNANDEZ-LOPEZ, Olaf William Hedberg, attorney for Defendant, JUAN HERNANDEZ-LOPEZ, John Richard Manning, attorney for Defendant, LUIS EDUARDO TORRES-HERNANDEZ, and David Delmer Fischer, attorney for Defendant, ALEJANDRO BIELMA-ORTIZ, that the status conference hearing date of August 26, 2011, be vacated and a new status conference hearing date of September 16, 2011, at 9:00 a.m., be set.
The reason for this continuance is because additional time is needed for defense preparation and meetings between the parties with the goal being to resolve the case by way of a disposition.
It is further stipulated that the time for trial under the Speedy Trial Act should be excluded from the date of the signing of this order through and including September 16, 2011, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) [reasonable time to prepare] and Local Code T4, and that the ends of justice to be served by granting the continuance outweigh the best interest of the public and the defendant to a speedy trial.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
MATTHEW C. BOCKMON
Assistant Federal Defender
Attorney for Defendant
JAVIER HERNANDEZ-LOPEZ
OLAF WILLIAM HEDBERG
Attorney for Defendant
JUAN HERNANDEZ-LOPEZ
JOHN RICHARD MANNING
Attorney for Defendant
LUIS EDUARDO TORRES-HERNANDEZ
DAVID DELMER FISCHER
Attorney for Defendant
ALEJANDRO BIELMA-ORTIZ
BENJAMIN B. WAGNER
United States Attorney
MICHAEL DWIGHT ANDERSON
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the reasons set forth in the stipulation of the parties filed on August 26, 2011, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS HEREBY ORDERED that the status conference currently scheduled for August 26, 2011, be vacated and that the case be set for Friday, September 16, 2011, at 9:00 a.m. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. Accordingly, IT IS HEREBY ORDERED that the time within which the trial of this matter must be commenced under the Speedy Trial Act is excluded during the time period of today's date, through and including September 16, 2011, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare taking into account due diligence.
GARLAND E. BURRELL, JR.
United States District Judge