Opinion
COURTNEY FEIN, #244785, Attorney at Law, LAW OFFICES OF COURTNEY FEIN, Sacramento, CA, Attorney for Defendant, CARLOS GARCIA MORENO.
BENJAMIN WAGNER United States Attorney, NIRAV DESAI, Assistant United States Attorney, Attorneys for Plaintiff.
STIPULATION and ORDER
JOHN A. MENDEZ, District Judge.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, NIRAV DESAI, Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN, attorney for CARLOS GARCIA MORENO, that the status conference of September 17, 2013 be vacated and the matter be set for status conference on October 15, 2013 at 9:45 a.m.
The reason for this continuance is to allow defense counsel additional time to consult with her client regarding his anticipated temporary transfer to state custody to resolve a pending state matter the result of which will affect the outcome of the federal proceedings, and/or continue defense preparation for trial. Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including October 15, 2013 pursuant to 18 U.S.C. 3161(h)(7)(A) and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the September 17, 2013, status conference hearing be continued to October 15, 2013, at 9:45 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the October 15, 2013 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code 26 T-4, to allow defense counsel reasonable time to prepare.