Opinion
No. CR 11-00558 LHK No. CR 11-00559 EJD No. CR 11-00560 DLJ No. CR 11-00706 DLJ
11-17-2011
UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL LEON RUELAS and LORENZO ISRAEL GARCIA, Defendants. UNITED STATES OF AMERICA, Plaintiff, v. LORENZO ISRAEL GARCIA, Defendant. UNITED STATES OF AMERICA, Plaintiff, v. MICHAEL LEON RUELAS, Defendant. UNITED STATES OF AMERICA, Plaintiff, v. MIGUEL ANGEL GONZALEZ and MICHAEL LEON RUELAS, Defendants.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630)‘ Chief, Criminal Division THOMAS M. O'CONNELL (NYSBN 1501950) DANIEL R. KALEBA (CABN 223789) Assistant United States Attorneys Attorneys for Plaintiff
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)‘
Chief, Criminal Division
THOMAS M. O'CONNELL (NYSBN 1501950)
DANIEL R. KALEBA (CABN 223789)
Assistant United States Attorneys
Attorneys for Plaintiff
STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME
On November 3, 2011, the court ordered the above cases related pursuant to Criminal Local Rule 8-1. The first case, charging defendants MICHAEL LEON RUELAS (CR 11-00558 LHK) was set for November 16, 2011 before Judge Koh. His co-defendant, LORENZO ISRAEL GARCIA is set for December 7, 2011, also before Judge Koh. The remaining captioned cases are scheduled before Judges Jensen and Davila.
The cases were all put over so that so that the discovery process could be commenced and defense counsel would have sufficient time to review the materials and confer with their clients. However, in order to comply with Local Rule 8-1, the cases must be consolidated to the same dates. Moreover, discovery is still not complete. The parties therefore hereby stipulate and agree to continue the matters until December 14, 2011, and to exclusions of time under the Speedy Trial Act, and that said exclusions of time are appropriate based on the defendants' need for effective preparation of counsel. SO STIPULATED:
MELINDA HAAG
United States Attorney
THOMAS M. O'CONNELL
Assistant United States Attorney
DIANA WEISS
Counsel for Gonzalez
LARA VINNARD
Counsel for Ruelas
JACK GORDON
Counsel for Gonzalez
Accordingly, for good cause shown, the Court HEREBY ORDERS that the above cases are continued until December 14, 2011. The Court further finds that based on the defendant's need for effective preparation of counsel, the ends of justice served by granting the requested continuance outweigh the interest of the public and the defendant in a speedy trial. The failure to grant the requested continuance would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and would result in a miscarriage of justice. The Court therefore concludes that this exclusion of time should be made under 18 U.S.C. §§ 3161(h) (7)(B)(iv). SO ORDERED.
LUCY H. KOH
UNITED STATES DISTRICT JUDGE