Opinion
NO. CR.S-12-158-MCE
07-06-2012
UNITED STATES OF AMERICA, Plaintiff, v. ALEJANDRO RAMIREZ-TRUJILLO, Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender CARO MARKS, Bar #159267 Designated Counsel for Service Attorney for Defendant ALEJANDRO RAMIREZ-TRUJILLO
DANIEL J. BRODERICK, Bar #89424
Federal Defender
CARO MARKS, Bar #159267
Designated Counsel for Service
Attorney for Defendant
ALEJANDRO RAMIREZ-TRUJILLO
STIPULATION AND ORDER;
CONTINUING CHANGE OF
PLEA/JUDGMENT AND SENTENCING AND
EXCLUDING TIME
Judge: Hon. Morrison C. England Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, CHRISTOPHER HALES, Assistant United States Attorney, and CARO MARKS, attorney for ALEJANDRO RAMIREZ-TRUJILLO, that the change of plea/sentencing hearing date of July 5, 2012 be vacated, and the matter be set for change of plea/sentencing July 19, 2012 at 9:00 a.m.
The reason for this continuance is to allow the defense time to complete its review of the government's evidence in the case, and to consult with the defendant about his sentencing guidelines. This case took an unusual turn when the defendant and government jointly explored a guidelines departure. The departure issue is now resolved, and the defendant needs additional time to get the case back on to the "fast track". As the defendant signed his plea agreement within the "Fast Track Policy deadline, he expects to be sentenced pursuant to that policy, and just needs additional time to review his immigration file and pre-Plea Report.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including July 19, 2012 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Public Defender
____________________________
CARO MARKS
Designated Counsel for Service
Attorney for
Alejandro Ramirez-Trujillo
BENJAMIN WAGNER
United States Attorney
Caro Marks for
CHRISTOPHER HALES
Assistant U.S. Attorney
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the July 5, 2012, status conference hearing be continued to July 19, 2012, at 9:00 a.m. Based on the representation of defense counsel and good cause appearing there from, 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 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. It is ordered that time up to and including the July 19, 2012, status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
IT IS SO ORDERED.
____________________________
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE