Opinion
NO. 2:10-CR-0411 LKK
01-09-2012
UNITED STATES OF AMERICA, Plaintiff, v. ALEJANDRO MEDINA-PRADO, Defendant.
Paul Hemesath Assistant United States Attorney Counsel for Plaintiff Clemente Jimenez Counsel for Defendant ALEJANDRO MEDINA-PRADO
BENJAMIN B. WAGNER
United States Attorney
PAUL A. HEMESATH
Assistant U.S. Attorney
501 I Street, 10th Floor
Sacramento, California 95814
Telephone: (916) 554-2932
ORDER CONTINUING STATUS CONFERENCE
COURT: Hon. Lawrence K. Karlton
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Paul Hemesath, and counsel for Plaintiff; and Clemente Jimenez for ALEJANDRO MEDINA-PRADO, that the above status conference be rescheduled from this Court's January 10, 2012, calendar, and that the matter be re-calendared for January 24, 2012, at 9:15 a.m. This request is made jointly by the government and defense in order to permit time for continued preparation, including investigation which is currently in progress, and plea negotiations.
Specifically, the parties have agreed, in principle, to proceed by way of superseding indictment, to be followed by an immediate change of plea. The parties require the additional two weeks requested to complete the proposed court filings, and to complete final investigations.
The parties 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)(A).
IT IS FURTHER STIPULATED that time be excluded through
January 24, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), Local Code T-4.
______________
Paul Hemesath
Assistant United States Attorney
Counsel for Plaintiff
______________
Clemente Jimenez
Counsel for Defendant
ALEJANDRO MEDINA-PRADO
ORDER
Based on the reasons set forth in the stipulation of the parties, 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 Tuesday, January 10, 2012, be vacated and that the case be set for Tuesday, January 24, 2012, at 9:15 a.m. The Court finds that the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendant in a speedy trial. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' stipulation, the time within which the trial of this matter must be commenced under the Speedy Trial Act is excluded during the time period from the date of this stipulation, January 6, 2012, through and including January 24, 2012, pursuant to 18 U.S.C. §3161(h)(7)(A)&(B)(iv) [reasonable time to prepare] and Local Code T4.
______________
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT