Opinion
No. 10-cr-00118-EJG-1
08-26-2011
UNITED STATES OF AMERICA, Plaintiff, v. ENRIQUE FONSECA MARTINEZ, Defendant.
Respectfully Submitted, By: DEMETRIUS M. COSTY Counsel for Enrique Fonseca Martinez MICHAEL D. ANDERSON Assistant U.S. Attorney
Demetrius M. Costy (Bar No. 202905)
Attorney for Enrique Fonseca Martinez
STIPULATION AND ORDER
CONTINUING STATUS CONFERENCE
Hon. Edward J. Garcia
STIPULATION FOR CONTINUANCE OF STATUS CONFERENCE
It is hereby stipulated and agreed to between the United States of America through MICHAEL D. ANDERSON, Assistant United States Attorney, and defendant, ENRIQUE FONSECA MARTINEZ, by and through his respective counsel, that the status conference in the above-captioned matter set for Friday, August 26, 2011 at 10:00 a.m., be continued to Friday, September 30, 2011, at 10:00 a.m.
This request for a continuance is requested because Jamil F. Karwash, the previous attorney for defendant, has left the Law Offices of Robert J. Beles in an unexpected sabbatical leave and Demetrius M. Costy, with the Law Offices of Robert J. Beles, filed a substitution of counsel on August 23, 2011.
The parties further stipulate that the time period from Friday, August 26, 2011, up to and including the new status conference date of Friday, September 30, 2011, should be excluded from computation of the time for commencement of trial under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that new defense counsel may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161 (h) (7) (B) (iv). Specifically, defendant agrees that his new counsel needs additional time to continue discussions with the government regarding potential resolution of the case, review produced discovery in the case, effectively evaluate the posture of the case and potentially prepare for trial. See id.
For these reasons, the defendant, defense counsel, and the government stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161 (h) (7) (B) (iv); 18 U.S.C. § 3161 (h) (7) (B) (ii).
Respectfully Submitted,
By: DEMETRIUS M. COSTY
Counsel for Enrique Fonseca Martinez
MICHAEL D. ANDERSON
Assistant U.S. Attorney
IT IS SO ORDERED.
SENIOR JUDGE EDWARD J. GARCIA
UNITED STATES DISTRICT JUDGE