Opinion
No. 4-13-70494-MAG
05-13-2013
UNITED STATES OF AMERICA, Plaintiff, v. AHUIZOTI MENDOZA-BAHENA, Defendant.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division AARON D. WEGNER (CABN 243809) Assistant United States Attorney Attorneys for the United States
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
AARON D. WEGNER (CABN 243809)
Assistant United States Attorney
Attorneys for the United States
[PROPOSED] ORDER AND
STIPULATION FOR CONTINUANCE
FROM MAY 21, 2013 TO JUNE 19, 2013
AND EXCLUDING TIME FROM THE
SPEEDY TRIAL ACT CALCULATION
(18 U.S.C. § 3161(h)(8)(A)) AND
WAIVING TIME LIMITS UNDER RULE
5.1
An arraignment or preliminary hearing is currently scheduled in the case on May 21, 2013, at 9:30 a.m. With the agreement of the parties, and with the consent of the defendant, the Court enters this order scheduling an arraignment or preliminary hearing date of June 19, 2013 at 9:30 a.m. before the duty magistrate judge, and documenting the defendant's waiver of the preliminary hearing date under Federal Rule of Criminal Procedure 5.1 and the exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(b), from May 21, 2013 to June 19, 2013. The parties agree, and the Court finds and holds, as follows:
1. The defendant is currently in custody.
2. The defendant agrees to an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(B)(iv) to provide reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
3. The defendant waives the time limits of Federal Rule of Criminal Procedure 5.1 for preliminary hearing.
4. Counsel for the defense believes that postponing the preliminary hearing is in his client's best interest, and that it is not in his client's interest for the United States to indict the case during the normal 14-day timeline established in Rule 5.1.
5. The Court finds that, taking into the account the public interest in the prompt disposition of criminal cases, these grounds are good cause for extending the time limits for a preliminary hearing under Federal Rule of Criminal Procedure 5.1. Given these circumstances, the Court finds that the ends of justice served by excluding the period from May 21, 2013 to June 19, 2013, outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).
6. Accordingly, and with the consent of the defendant, the Court (1) sets a preliminary hearing date before the duty magistrate judge on June 19, 2013, at 9:30 a.m., and (2) orders that the period from May 21, 2013 to June 19, 2013, be excluded from the time period for preliminary hearings under Federal Rule of Criminal Procedure 5.1 and from Speedy Trial Act calculations under 18 U.S.C. § 3161(h)(8)(A) & (B)(iv). IT IS SO STIPULATED:
____________________________
JOYCE LEAVITT
Attorney for Defendant
____________________________
AARON D. WEGNER
Assistant United States Attorney
IT IS SO ORDERED.
____________________________
HON. KANDIS A . WESTMORE
United States Magistrate Judge