Opinion
NO. Cr.S. 08-280-JAM
08-26-2011
UNITED STATES OF AMERICA, Plaintiff, v. BRIJIDO HERNANDEZ-REYES Defendant.
COURTNEY FEIN Assistant Federal Defender Designated Counsel for Service Attorney for BRIJIDO HERNANDEZ-REYES MICHELE BECKWITH Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
COURTNEY FEIN Bar #244785
Designated Counsel for Service
Attorney for Defendant
BRIJIDO HERNANDEZ-REYES
STIPULATION AND ORDER;
CONTINUING STATUS CONFERENCE
AND EXCLUDING TIME
Date: September 20, 2011
Time: 9:30 a.m.
Judge: Hon. John A. Mendez
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MICHELE BECKWITH, Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN, attorney for BRIJIDO HERNANDEZ-REYES, that the status conference hearing date of August 30, 2011, be vacated, and the matter be set for status conference on September 20, 2011, at 9:30 a.m.
The reason for this continuance is to allow defense counsel additional time to review the discovery, consult with her client, examine possible defenses, and continue investigating the facts of the case.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including September 20, 2011 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Public Defender
COURTNEY FEIN
Assistant Federal Defender
Designated Counsel for Service
Attorney for BRIJIDO HERNANDEZ-REYES
BENJAMIN WAGNER
United States Attorney
MICHELE BECKWITH
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the August 30, 2011, status conference hearing be continued to September 20, 2011, at 9:30 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 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. It is ordered that time up to and including the September 20, 2011 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
JOHN A. MENDEZ
United States District Judge