Opinion
No. CR-03-20094-LHK
11-04-2011
UNITED STATES OF AMERICA, Plaintiff, v. RAMIRO LOPEZ-RAMOS, Defendant.
Manuel U. Araujo, Assistant Federal Public Defender Ann Marie Ursini, Special Assistant United States Attorney
BARRY J. PORTMAN
Federal Public Defender
MANUEL U. ARAUJO
Assistant Federal Public Defender
Counsel for Defendant LOPEZ-RAMOS
STIPULATION TO CONTINUE
HEARING TO NOVEMBER 30, 2011 at
10:00 a.m., and [PROPOSED] ORDER
STIPULATION
The parties, Ramiro Lopez-Ramos and the government, acting through their respective counsel and subject to the Court's approval, stipulate that the hearing date currently set for November 9, 2011, be vacated and that the Court set a new hearing date on November 30, 2011, at 10:00 a.m. Counsel for Mr. Lopez-Ramos will be in trial on November 9, 2011, before the Honorable Ronald M. Whyte. The request for the continuance is also based on the parties ongoing investigation and discussions which lead them to believe that the case will be resolved without the need to hear the motion to dismiss, or for a trial. The continuance will enable the parties sufficient time to resolve the case without trial.
The parties further agree and stipulate for purposes of Speedy Trial Act computations pursuant to Title 18, United States Code, Sections 18 U.S.C. §3161(h)(7)(A) and (B)(iv) that time should be excluded from November 9, 2011 through and including November 30, 2011, to provide continuity of counsel and to provide defense counsel further time to prepare. Accordingly, Mr. Lopez-Ramos and the government agree that granting the requested exclusion of time will serve the interest of justice and outweigh the interest of the public and the defendant in a speedy trial.
Manuel U. Araujo,
Assistant Federal Public Defender
Ann Marie Ursini,
Special Assistant United States Attorney
[PROPOSED] ORDER
WHEREFORE, based on the above, the COURT HEREBY ORDERS that the hearing currently scheduled on November 9, 2011, is continued to November 30, 2011, at 10:00 a.m., and further ordered that the period of delay from time from November 9, 2011, through and including November 30, 2011, is excluded for purposes of Title 18, United States Code, Sections 3161(h)(7)(A) and 3161(h)(7)(B)(iv).
SO ORDERED.
HONORABLE, LUCY H. KOH,
United States District Judge