Opinion
CASE NO. 2:11-CR-0338 GEB
09-27-2011
UNITED STATES OF AMERICA, Plaintiff, v. AGUSTIN PENA-CONTRERAS and NEMECIO GARCIA-ALCAZAR Defendants.
BENJAMIN B. WAGNER United States Attorney HEIKO P. COPPOLA Assistant U.S. Attorney DOUGLAS BEEVERS Attorney for Defendant Agustin Pena-Contreras OLAF HEDBERG Attorney for Defendant Nemecio Garcia-Alcazar
BENJAMIN B. WAGNER
United States Attorney
HEIKO P. COPPOLA
Assistant U.S. Attorney
STIPULATION AND [PROPOSED]
ORDER TO EXCLUDE TIME
The parties request that the status conference in this case be continued from September 23, 2011 to November 4, 2011 at 9:00 a.m. They stipulate that the time between September 23, 2011 and November 4, 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, defense counsel needs additional time to review the discovery provided by the government and to conduct further investigation, including a visit to the scene of the marijuana cultivation site that the government is attempting to facilitate. The government will also be shortly providing at least 10 CD's containing additional discovery to defense counsel that will require their review. 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
DOUGLAS BEEVERS
Attorney for Defendant Agustin
Pena-Contreras
OLAF HEDBERG
Attorney for Defendant Nemecio
Garcia-Alcazar
SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge