Opinion
CR.S. 10-186-JAM
07-03-2012
UNITED STATES OF AMERICA, Plaintiff, v. RAY RAMIREZ, Defendant.
DANIEL J. BRODERICK Federal Defender Supervising Assistant Federal Defender Attorney for Defendant RAY RAMIREZ BENJAMIN B. WAGNER United States Attorney JILL M. THOMAS Assistant U.S. Attorney
DANIEL J. BRODERICK, #89424
Federal Defender
DENNIS S. WAKS, BAR #142581
Supervising Assistant Federal Defender
Attorney for Defendant
RAY RAMIREZ
STIPULATION AND ORDER
TO EXTEND TIME FOR STATUS
CONFERENCE AND EXCLUDE TIME
DATE: August 28, 2012
Judge: John A. Mendez
Defendant RAY RAMIREZ, by and through his counsel, DENNIS S. WAKS, Supervising Assistant Federal Defender, and the United States Government, by and through its counsel, JILL M. THOMAS, Assistant United States Attorney, hereby stipulate that the status conference set for July 10, 2012, be rescheduled for a status conference on Tuesday, August 28, 2012, at 9:45 a.m..
This continuance is being requested because defense counsel requires additional time to receive and review discovery, discuss the case with the government, and pursue investigation. Furthermore, this defendant has some serious medical conditions which effect his ability to assist counsel at the present time.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for August 28, 2012, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) and Local Code T4. [reasonable time to prepare].
The Court finds that the ends of justice to be served by granting a continuance outweigh the best interest of the public and the defendant in a speedy trial.
Respectfully Submitted,
DANIEL J. BRODERICK
Federal Defender
____________________
Supervising Assistant
Federal Defender
Attorney for Defendant
RAY RAMIREZ
BENJAMIN B. WAGNER
United States Attorney
Dennis S. Waks for
JILL M. THOMAS
Assistant U.S. Attorney
ORDER
Based on the stipulation of the parties 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 specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial. Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its Order. Time is excluded from computation of time within which the trial of this matter must be commenced beginning from the date of the stipulation, July 3, 2012, through and including August 28, 2012, pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv) [reasonable time for defense counsel to prepare] and Local Code T4. A new status conference date is hereby set for August 28, 2012, at 9:45 a.m..
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JOHN A. MENDEZ
United States District Court Judge