Opinion
Case No.: 2:11 CR 00135 JAM
09-19-2011
UNITED STATES OF AMERICA, Plaintiff, v. EMILIO HUARACHA RODRIGUEZ, Defendant
DANNY D. BRACE, JR., Attorney for Emilio Huaracha Rodriguez Michael Beckwith Authorized to sign for Mr. Beckwith On September 19, 2011 MICHAEL BECKWITH Assistant U.S. Attorney
DANNY D. BRACE, JR., #114466
LAW OFFICE OF DANNY D. BRACE, JR.
Attorney for Emilio Huaracha Rodriguez
STIPULATION AND ORDER TO EXTEND
TIME FOR HEARING AND TO EXCLUDE
TIME
The parties agree that time beginning September 20, 2011 and extending through November 1, 2011 should be excluded from the calculation of time under the Speedy Trial Act. (T-2 and T-4). The parties submit 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, and so that the defendant may have continuity of counsel. 18 U.S.C. § 3161(h)(8)(B)(iv). 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)(8)(A).
More time is needed to review recently obtained additional discovery from the Government. Additionally, counsel for Defendant is currently in trial until approximately September 27, 2011 in Sacramento County Superior Court, Department 28, in People v. James Carlton and will begin another Sacramento County Superior Court trial immediately thereafter.
The parties further request that this matter be taken off the September 20, 2011, calendar and be rescheduled to November 1, 2011 at 9:30 a.m..
Respectfully submitted,
DANNY D. BRACE, JR.,
Attorney for
Emilio Huaracha Rodriguez
Michael Beckwith
Authorized to sign for Mr. Beckwith
On September 19, 2011
MICHAEL BECKWITH
Assistant U.S. Attorney
IT IS SO ORDERED:
John A. Mendez
HON. JOHN A. MENDEZ