Opinion
Case No. 2:11- cr-252 JAM
09-23-2011
UNITED STATES OF AMERICA Plaintiff, v. STEVEN NAVARRO Defendant.
JOHN E. VIRGA Attorney for Defendant STEVEN NAVARRO BENJAMIN B. WAGNER United States Attorney John E. Virga for DANIEL McCONKIE Assistant U.S. Attorney Attorney for Plaintiff
John E. Virga, Esq. (State Bar # 39451)
JOHN E. VIRGA, INC.
A Professional Corporation
Attorney for Defendant
Steven Navarro
STIPULATION AND ORDER TO
CONTINUE STATUS CONFERENCE
AND TO EXCLUDE TIME
Court: Hon. John A. Mendez
Time: 9:30 a.m.
Date: November 1, 2011
IT IS HEREBY STIPULATED and agreed by and between the United States of America, through Daniel McConkie, Assistant U.S. Attorney, and defendant Steven Navarro by and through his recently retained counsel John E. Virga, Esq., that the status conference hearing date of Tuesday, September 27, 2011, at 9:30 a.m., be vacated and a new status conference hearing date of Tuesday, November 1, 2011, at 9:30 a.m., be set.
The reason for this continuance is for the defendant Navarro's new attorney, John Virga, to review the discovery that was just recently obtained from the federal defender's office.
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 November 1, 2011, pursuant to 18 U.S.C., section 3161 (h)(7)(B)(iv) [reasonable time to prepare] and Local Code T4, and that the ends of justice to be served by granting the continuance outweigh the best interest of the public and defendant to a speedy trial.
Respectfully submitted,
JOHN E. VIRGA
Attorney for Defendant
STEVEN NAVARRO
BENJAMIN B. WAGNER
United States Attorney
John E. Virga for
DANIEL McCONKIE
Assistant U.S. Attorney
Attorney for Plaintiff
IT IS HEREBY ORDERED:
Based on the reasons set forth in the stipulation of the parties filed on September 23, 2011, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS FURTHER ORDERED that the status conference hearing currently scheduled for Tuesday, September 27, 2011, at 9:30 a.m., be vacated and that the case be set for Tuesday, November 1, 2011, at 9:30 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 23, 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 November 1, 2011, pursuant to 18 U.S.C., section 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.
JOHN A. MENDEZ
United States District Judge