Opinion
No. 2:11-MJ-043 GGH
10-25-2011
UNITED STATES OF AMERICA, Plaintiff, v. JESUS RUIZ, Defendant.
Todd Leras ROBERT TICE-RASKIN Assistant United States Attorney Counsel for Plaintiff Jeffrey L. Staniels Assistant Federal Defender Counsel for Defendant JESUS RUIZ
DANIEL J. BRODERICK, Bar #89424
Federal Defender
JEFFREY L. STANIELS, Bar #91413
Assistant Federal Defender
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: (916) 498-5700
Attorney for Defendant
JESUS RUIZ
STIPULATION AND ORDER CONTINUING
PRELIMINARY HEARING .
Judge: Hon. Kendall J. Newman
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Todd Leras, counsel for Plaintiff, and Assistant Federal Defender Jeffrey L. Staniels, counsel for Defendant that the above case be vacated from this court's October 28, 2010, calendar, and that it be continued until December 8, 2011, at 2:00 p.m. for preliminary hearing.
Both parties continue to contemplate a pre-indictment resolution of this matter. Counsel for the parties have been exchanging information in an effort to reach an appropriate disposition of the case. In light of these efforts and the need for additional investigation and consultation, both parties are requesting additional time for attorney preparation.
IT IS FURTHER STIPULATED that the combination of settlement discussions and need for continuing investigation constitute good cause to extend the time for preliminary hearing under Federal Rule of Criminal Procedure 5.1(d), and also supports a finding pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(B)(iv), that the interests of justice served by permitting this continuance outweigh the interests of the public and the defendant in a speedy trial. This exclusion of time includes the period up to and including December 8, 2011.
Assistant United States Attorney Todd D. Leras agrees to this request and has authorized Jeffrey Staniels to sign this stipulation on his behalf.
Todd Leras
ROBERT TICE-RASKIN
Assistant United States Attorney
Counsel for Plaintiff
Jeffrey L. Staniels
Assistant Federal Defender
Counsel for Defendant
JESUS RUIZ
ORDER
IT IS SO ORDERED.
By the Court,
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE