Opinion
CASE NO. 1:12-CR-00108 LJO
07-12-2012
UNITED STATES OF AMERICA, Plaintiff, v. ESTEBAN MENDOZA-GALENO Defendant.
ERIC K. FOGDERUDE Attorney for Defendant, ESTEBAN MENDOZA-GALENO Benjamin B. Wagner United States Attorney IAN L. GARRIQUES Assistant US Attorney
Eric K. Fogderude, #070860
FLETCHER & FOGDERUDE, INC.
A Professional Corporation
Attorney for Defendant ESTEBAN MENDOZA-GALENO
STIPULATION TO CONTINUE
STATUS HEARING, AND
ORDER THEREON
JUDGE: Sheila K. Oberto
STIPULATION
It is hereby stipulated by and between the parties hereto that the status hearing in the above entitled matter now set for July 16, 2012, may be continued to July 30, 2012 at 1:00 p.m.
The parties agree that time shall be excluded pursuant to 18 U.S.C. §§ 3161, subd.(h)(8)(A) and (B) in that the ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speed trial, since the failure to grant such a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
Good cause exists to allow for the defense to review new discovery which will be provided shortly.
FLETCHER & FOGDERUDE, Inc.
______________
ERIC K. FOGDERUDE
Attorney for Defendant,
ESTEBAN MENDOZA-GALENO
Benjamin B. Wagner
United States Attorney
______________
IAN L. GARRIQUES
Assistant US Attorney
ORDER
IT IS SO ORDERED. Time is excluded pursuant to 18 U.S.C. § 3161, subd.(h)(8)(A) and (B). For the above stated reasons, the court finds that the ends of justice served by the dely outweigh the best interest of the public and the defendants in a speedy trial. Therefore, the court grants the stipulation that the Status hearing be continued to July 30, 2012 at 1:00 p.m.
Any future request to continue the status conference must be supported by a showing of good cause, which in turn, requires due diligence. IT IS SO ORDERED.
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE