Opinion
NO. Cr.S. 08-280-JAM
01-05-2012
UNITED STATES OF AMERICA, Plaintiff, v. BRIJIDO HERNANDEZ-REYES Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender COURTNEY FEIN Bar #244785 Designated Counsel for Service Attorney for Defendant BRIJIDO HERNANDEZ-REYES BENJAMIN WAGNER United States Attorney 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: January 24, 2012
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 January 10, 2012, be vacated, and the matter be set for status conference on January 24, 2012, at 9:30 a.m.
The reason for the continuance is that the defendant needs more time to consider the government's proposed plea agreement. Defense counsel believes that a change of plea is forthcoming and would like to travel to Butte County once more to confer with her client.
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 January 3, 2012 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 January 10, 2012, status conference hearing be continued to January 24, 2012, 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 January 24, 2012 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