Opinion
No. 2:10-cr-0507 WBS
08-05-2011
UNITED STATES OF AMERICA, Plaintiff, v. ALVINO SALMERON, IVAN LEYVA, Defendants.
Richard J. Bender for DANIEL S. MCCONKIE, JR. Assistant U.S. Attorney Counsel for Plaintiff JEFFREY L. STANIELS Assistant Federal Defender Attorney for Defendant IVAN LEYVA THOMAS A. JOHNSON Attorney for Defendant
DANIEL J. BRODERICK, #89424
Federal Defender
JEFFREY L. STANIELS, Bar #91413
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
IVAN LEYVA
STIPULATION AND ORDER EXCLUDING TIME
Date: August 8, 2011
Time: 8:30 a.m.
Judge: Hon. William B. Shubb
WHEREAS the status conference scheduled for August 8, 2011 has been vacated and continued by order of the court; and
WHEREAS assigned government counsel is away from his office this week and unable to participate in discussions which have been actively on-going; and
WHEREAS defense counsel need additional time to continue preparation for trial or other resolution of this case and have agreed that a status conference be set on this court's calendar on September 19, 2011;
IT IS THEREFORE STIPULATED by and among Assistant United States Attorney Richard J. Bender on behalf of Daniel S. McConkie, Jr., Counsel for Plaintiff, Assistant Federal Defender Jeffrey L. Staniels, Counsel for Defendant Ivan Leyva, and Thomas A. Johnson, counsel for Defendant Alvino Salmeron, that time for trial be excluded from the filing of this stipulation until September 19, 2011, pursuant to 18 U.S.C. § 1361(h)(7)(A) & (B)(iv), Local Code T-4, for further defense preparation and continuity of counsel.
IT IS SO STIPULATED.
Richard J. Bender for
DANIEL S. MCCONKIE, JR.
Assistant U.S. Attorney
Counsel for Plaintiff
JEFFREY L. STANIELS
Assistant Federal Defender
Attorney for Defendant
IVAN LEYVA
THOMAS A. JOHNSON
Attorney for Defendant
ORDER
Based on the unavailability of assigned government counsel and the representations of defense counsel that non-trial discussions are on-going and that further preparation is needed before trial can occur, the court finds that the interests of justice served by granting additional time as requested by counsel until September 19, 2011, outweigh the best interest of the public and the defendants in a speedy trial.
Time for trial under the Speedy Trial Act is therefore excluded pursuant to 18 U.S.C. §3161(h)(7)(B)(iv), Local Code T-4, until September 19, 2011.
IT IS SO ORDERED.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE