Opinion
No. CR 11-00548 LHK
11-09-2011
UNITED STATES OF AMERICA, Plaintiff, v. JORGE ROSALES-AGUILAR, Defendant.
BARRY J. PORTMAN Federal Public Defender VARELL L. FULLER Assistant Federal Public Defender Counsel for Defendant ROSALES-AGUILAR
BARRY J. PORTMAN
Federal Public Defender
VARELL L. FULLER
Assistant Federal Public Defender
Counsel for Defendant ROSALES-AGUILAR
STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
STIPULATION
Defendant Jorge Rosales-Aguilar, by and through Assistant Federal Public Defender Varell L. Fuller, and the United States, by and through Special Assistant United States Attorney Carolyne Sanin, hereby stipulate that, with the Court's approval, the status hearing currently set for Wednesday, November 16, 2011, at 10:00 a.m., shall be continued to Wednesday, January 18, 2012, at 10:00 a.m.
The reason for the requested continuance is the government advised defense counsel sometime ago that Mr. Jorge Rosales-Aguilar is ineligible for the fast-track early disposition program due to the nature of a prior conviction he sustained. The government has provided discovery that includes Mr. Rosales-Aguilar's immigration file and audio recording of his prior deportation proceedings, and a proposed non-fast-track disposition. Defense counsel's review of Mr. Rosales-Aguilar's immigration file and deportation proceedings, including legal research to determine whether a defense motion to challenge his prior deportation may be brought, and defense counsel's investigation, is not yet complete. Based on the foregoing, the defense requires additional time to effectively prepare, and therefore respectfully requests a continuance of the status hearing date to January 18, 2012.
The parties agree that the time between November 16, 2011, and January 18, 2012, may be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), for effective preparation by both counsel.
VARELL L. FULLER
Assistant Federal Public Defender
CAROLYNE SANIN
Special Assistant United States Attorney
[PROPOSED] ORDER
GOOD CAUSE APPEARING, upon stipulation of the parties, IT IS HEREBY ORDERED that the hearing currently set for Wednesday, November 16, 2011, shall be continued to Wednesday, January 18, 2012, at 10:00 a.m.
THE COURT FINDS that failing to exclude the time between November 16, 2011, and January 18, 2012, would unreasonably deny the defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence. See 18 U.S.C. §§ 3161(h)(7)(B)(iv).
THE COURT FINDS that the ends of justice served by excluding the time between November 16, 2011, and January 18, 2012, from computation under the Speedy Trial Act outweigh the interests of the public and the defendant in a speedy trial.
THEREFORE, IT IS HEREBY ORDERED that the time between November 16, 2011, and January 18, 2012, shall be excluded from computation under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
THE HONORABLE LUCY H. KOH
United States District Judge