Opinion
NO. 2:10-cr-00108 MCE
09-01-2011
UNITED STATES OF AMERICA, Plaintiff, v. JOSE JUAN MORENO-BELTRAN, Defendant.
DANIEL J. BRODERICK Federal Defender MATTHEW C. BOCKMON Assistant Federal Defender Attorney for Defendant JOSE JUAN MORENO-BELTRAN BENJAMIN B. WAGNER United States Attorney PHILLIP ALLEN TALBERT Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MATTHEW C. BOCKMON, Bar # 161566
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
JOSE JUAN MORENO-BELTRAN
STIPULATION AND ORDER TO CONTINUE
STATUS CONFERENCE AND TO EXCLUDE
TIME
Time: 9:00 a.m.
Judge: Morrison C. England, Jr.
It is hereby stipulated and agreed to by and between the United States of America, through Phillip Allen Talbert, Assistant U.S. Attorney, and defendant, JOSE JUAN MORENO-BELTRAN , by and through his counsel, Matthew C. Bockmon, Assistant Federal Defender, that the status conference hearing date of Tuesday, September 6, 2011, be vacated and a new status conference / possible change of plea hearing date of Thursday, October 6, 2011, at 9:00 a.m., be set.
The reason for this continuance is because the in-house interpreter is not available to accompany defense counsel to the jail to review the plea offer with the client prior to September 6, 2011.
It is further stipulated that the time for trial under the Speedy Trial Act should be excluded from the date of the signing of this order through and including October 6, 2011, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) [reasonable time to prepare] and Local Code T4, and that the ends of justice to be served in granting the continuance and allowing the defendant further time to prepare outweigh the best interest of the public and the defendant to a speedy trial.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
MATTHEW C. BOCKMON
Assistant Federal Defender
Attorney for Defendant
JOSE JUAN MORENO-BELTRAN
BENJAMIN B. WAGNER
United States Attorney
PHILLIP ALLEN TALBERT
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the reasons set forth in the stipulation of the parties filed on September 1, 2011, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS HEREBY ORDERED that the status conference hearing currently scheduled for Tuesday, September 6, 2011, be vacated and that the case be set for status conference / possible change of plea hearing on Thursday, October 6, 2011, at 9:00 a.m. 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. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' September 1, 2011, stipulation, the time within which the trial of this matter must be commenced under the Speedy Trial Act is excluded during the time period of today's date, through and including October 6, 2011, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare taking into account due diligence.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE