Opinion
NO. CR.S-10-254-LKK
08-08-2011
UNITED STATES OF AMERICA, Plaintiff, v. ARTURO JOSEPH SANCHEZ, Defendant.
DANIEL J. BRODERICK Federal Public Defender CARO MARKS Designated Counsel for Service Attorney for Arturo Joseph Sanchez BENJAMIN WAGNER United States Attorney KYLE REARDON Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
CARO MARKS, Bar #159247
Designated Counsel for Service
Attorney for Defendant
ARTURO JOSEPH SANCHEZ
STIPULATION AND ORDER;
CONTINUING STATUS CONFERENCE
AND EXCLUDING TIME
Time: 9:15 a.m.
Judge: Hon. Lawrence K. Karlton
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KYLE REARDON, Assistant United States Attorney, attorney for Plaintiff, and CARO MARKS, attorney for ARTURO JOSEPH SANCHEZ, that the status conference scheduled for August 16, 2011 be vacated, and the matter be set for status conference on October 25, 2011 at 9:15 a.m.
The reason for this continuance is to allow defense counsel to investigate new evidence that has just recently developed in the case. Among other tasks, the defense needs time to view the evidence and the related forensics with the case agent at the High-Tech Crimes Task Force. Thereafter, the defense will need to time to discuss the findings with the defendant.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including October 25, 2011 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Public Defender
CARO MARKS
Designated Counsel for Service
Attorney for Arturo Joseph Sanchez
BENJAMIN WAGNER
United States Attorney
KYLE REARDON
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the August 16, 2011, status conference be continued to October 25, 2011, at 9:15 am. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the October 25, 2011 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act
pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4,
to allow defense counsel reasonable time to prepare.
LAWRENCB K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT