Opinion
CASE NO. CR-S-11-415 JAM
07-09-2012
UNITED STATES OF AMERICA, Plaintiff, v. FRANCISCO MOREIRA, Defendant.
BENJAMIN B. WAGNER United States Attorney MATTHEW G. MORRIS Assistant U.S. Attorney Attorney for United States DANIEL J. BRODERICK Federal Defender LEXI NEGIN Assistant Federal Defender Attorney for Defendant FRANCISCO MOREIRA
DANIEL J. BRODERICK, Bar #89424
Federal Defender
Lexi Negin, Bar #250376
Assistant Federal Defender
Attorney for Defendant
FRANCISCO MOREIRA
STIPULATION AND ORDER TO VACATE
STATUS HEARING AND TO SET CHANGE
OF PLEA HEARING AND EXCLUDE TIME
PURSUANT TO THE SPEEDY TRIAL ACT
Date: July 31, 2012
Judge: John A. Mendez
It is hereby stipulated and agreed to between the United States of America through Matthew G. Morris, Assistant U.S. Attorney, and defendant, FRANCISCO MOREIRA, by and through his counsel, Lexi Negin, Assistant Federal Defender, that the status conference currently set for Tuesday, July 17, 2012, be vacated and a change of plea hearing date of July 31, 2012, at 9:45 a.m., be set.
The reason for this continuance is because the parties have reached an agreement in the case but additional time is needed to work out the details and finalize the written plea agreement, and for defense counsel to prepare Mr. Moreira.
It is further stipulated that the time period from the date of this stipulation, July 9, 2012, through and including the date of the change of plea hearing, July 31, 2012, shall be excluded under the Speedy Trial Act (18 U.S.C. §3161(h)(7)(A) &(B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare, and that the ends of justice to be served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial.
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
By:
______________________
MATTHEW G. MORRIS
Assistant U.S. Attorney
Attorney for United States
DANIEL J. BRODERICK
Federal Defender
______________________
LEXI NEGIN
Assistant Federal Defender
Attorney for Defendant
FRANCISCO MOREIRA
ORDER
Based on the reasons set forth in the stipulation of the parties filed on July 9, 2012, 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, July 17, 2012, be vacated and that the case be set for change of plea hearing on Tuesday, July 31, 2012, at 9:45 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' July 9, 2012, 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, July 9, 2012, through and including July 31, 2012, pursuant to 18 U.S.C. §3161(h)(7)(A)&(B)(iv) [reasonable time to prepare] and Local Code T4.
______________________
JOHN A. MENDEZ
United States District Court Judge