Opinion
No. 2:10-cr-0507 WBS
09-16-2011
UNITED STATES OF AMERICA, Plaintiff, v. ALVINO SALMERON, IVAN LEYVA, Defendants.
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 [PROPOSED] ORDER
EXCLUDING TIME
Date: September 19, 2011
Time: 8:30 a.m.
Judge: Hon. William B. Shubb
IT IS STIPULATED by and among Assistant United States Attorney 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 the status conference currently scheduled for September 19, 2011, be vacated and continued until November 7, 2011 for further status conference. This continuance is requested to permit further defense preparation and continuity of counsel, and to permit completion of on- going efforts to reach mutually acceptable terms for resolution of the case without trial.
IT IS FURTHER STIPULATED that time for trial under the Speedy Trial Act be excluded from September 19, 2011, through and including November 7, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), Local Code T-4 (defense preparation and continuity of counsel)
IT IS SO STIPULATED.
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 representations of 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 November 7, 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, from September 19, 2011 until November 7, 2011.
IT IS SO ORDERED.
By the Court,
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE