Opinion
No. CR-S-10-437 WBS
07-05-2012
UNITED STATES OF AMERICA, Plaintiff, v. AMADOR ELI ROSALES, et al., Defendants.
JOHN R. MANNING Attorney for Defendant Michael Leonard Lovato DANNY D. BRACE, JR. Attorney for Defendant Jonathan Gonzalez DAN F. KOUKOL Attorney for Defendant Tony Rosales MARK J. REICHEL Attorney for Defendant Adrianna Cano TIMOTHY E. WARRINER Attorney for Defendant Derick Noble KELLY BABINEAU Attorney for Defendant Michael Valentino Lovato Benjamin B. Wagner United States Attorney JILL M. THOMAS Assistant U.S. Attorney
JOHN R. MANNING (SBN 220874)
ATTORNEY AT LAW
Attorney for Defendant
MICHAEL LEONARD LOVATO
STIPULATION AND [PROPOSED ORDER] CONTINUING STATUS CONFERENCE
Date: September 10, 2012
Judge: Honorable William B. Shubb
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Jill M. Thomas, Assistant United States Attorney, together with counsel for defendant Michael Leonard Lovato, John R. Manning, Esq., counsel for defendant Jonathan Gonzalez, Danny D. Brace, Jr., Esq., counsel for defendant Tony Rosales, Dan F. Koukol, Esq., counsel for defendant Adrianna Cano, Mark J. Reichel, Esq., counsel for defendant Derick Noble, Timothy E. Warriner, Esq., and counsel for defendant Michael Valentino Lovato, Kelly Babineau, Esq., that the status conference presently set for July 9, 2012 be continued to September 10, 2012, at 9:30 a.m., thus vacating the presently set status conference.
Defense counsel requires additional time to review the voluminous discovery and perform investigation. Therefore, counsel for the parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the defendants and the public in a speedy trial. 18 U.S.C. 3161(h)(7)(A) (continuity of counsel/ reasonable time for effective preparation) and Local Code T4, and agree to exclude time from the date of the filing of the order until the date of the status conference, September 10, 2012.
IT IS SO STIPULATED.
______________
JOHN R. MANNING
Attorney for Defendant
Michael Leonard Lovato
_____________
DANNY D. BRACE, JR.
Attorney for Defendant
Jonathan Gonzalez
_______________
DAN F. KOUKOL
Attorney for Defendant
Tony Rosales
______________
MARK J. REICHEL
Attorney for Defendant
Adrianna Cano
______________
TIMOTHY E. WARRINER
Attorney for Defendant
Derick Noble
________________
KELLY BABINEAU
Attorney for Defendant
Michael Valentino Lovato
Benjamin B. Wagner
United States Attorney
by: ______________
JILL M. THOMAS
Assistant U.S. Attorney
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation 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 the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.
The Court orders that the time from the date of the parties' stipulation, July 5, 2012, to and including September 10, 2012, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(ii) and (iv), and Local Codes T4 (reasonable time for defense counsel to prepare). It is further ordered that the July 9, 2012, status conference shall be continued until September 10, 2012, at 9:30 a.m.
IT IS SO ORDERED.
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WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE