Opinion
CASE NO. 2:10-CR-0468 JAM
09-22-2011
UNITED STATES OF AMERICA, Plaintiff, v. JOSE PENA, et.al. Defendants.
BENJAMIN B. WAGNER United States Attorney HEIKO P. COPPOLA Assistant U.S. Attorney MICHAEL LONG Attorney for Defendant Jose Pena JESSE SANTANA Attorney for Defendant Leonardo Contreras BENJAMIN GALLOWAY Attorney for Defendant Victor Cruz ERIN RADEKIN Attorney for Defendant Damian Cervantes CARL LARSON Attorney for Defendant Oscar Virrueta
BENJAMIN B. WAGNER
United States Attorney
HEIKO P. COPPOLA
Assistant U.S. Attorney
STIPULATION AND ORDER TO EXCLUDE TIME
The parties request that the status conference in this case be continued from September 27, 2011 to November 1, 2011 at 9:30 a.m. They stipulate that the time between September 27, 2011 and November 1, 2011 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4. Specifically, all defense counsel need additional time to review the discovery already provided and to conduct further investigation of the case. Defense counsel for Mr. Cruz was recently appointed and Mr. Contreras also has new defense counsel, both of whom need additional time to review the discovery and perform investigation. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
HEIKO P. COPPOLA
Assistant U.S. Attorney
MICHAEL LONG
Attorney for Defendant Jose Pena
JESSE SANTANA
Attorney for Defendant
Leonardo Contreras
BENJAMIN GALLOWAY
Attorney for Defendant Victor Cruz
ERIN RADEKIN
Attorney for Defendant Damian Cervantes
CARL LARSON
Attorney for Defendant Oscar Virrueta
SO ORDERED.
HON. JOHN A. MENDEZ
U.S. District Judge