Opinion
2:10-CR-00425 MCE
09-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. JAIRO SIMON SERRANO, Defendant.
BENJAMIN WAGNER United States Attorney PAUL A. HEMESATH Assistant United States Attorney ERIN J. RADEKIN Attorney for Defendant JAIRO SIMON SERRANO J. TONEY Attorney for Defendant JAMIE ERNESTO GARCIA-ALCAZAR GILBERT A. ROQUE Attorney for Defendant JESUS BAZAN ALVARADO SHARI RUSK Attorney for Defendant JULIO CESAR XEP Attorney for Defendant LUIS FIGUEROA-ALCAZAR CHARLES E. BAUER Attorney for Defendant MARCARIO BARRAGAN AYALA
ERIN J. RADEKIN
Attorney at Law - SBN 214964
Attorney for Defendant
JAIRO SIMON SERRANO
AMENDED STIPULATION AND ORDER TO
CONTINUE STATUS CONFERENCE
STIPULATION
Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Paul A. Hemesath; defendant, Jairo Simon Serrano, by and through his counsel, Erin J. Radekin; defendant, Jamie Ernesto Garcia-Alcazar, by and through his counsel, J. Toney; defendant, Jesus Bazan Alvarado, by and through his counsel, Gilbert A. Roque; defendant, Julio Cesar Xep, by and through his counsel, Shari Rusk; defendant, Luis Figueroa-Alcazar, by and through his counsel, Danny Brace, and defendant, Marcario Barragan Ayala, by and through his counsel, Charles E. Bauer, agree and stipulate to vacate the date set for status conference, September 29, 2011 at 9:00 a.m., in the above-captioned matter, and to continue the status conference to November 3, 2011 at 9:00 a.m. in the courtroom of the Honorable Morrison C. England, Jr.
The reason for this request is that additional time is needed for defense preparation and plea negotiations. The Court is advised that Mr. Hemesath, Mr. Toney, Mr. Roque, Ms. Rusk, Mr. Brace, and Mr. Bauer concur with this request and have authorized Ms. Radekin to sign this stipulation on their behalf.
The parties further agree and stipulate that the time period from the filing of this stipulation until November 3, 2011 should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(7)(B)(iv), and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. It is further agreed and stipulated that the ends of justice served in granting the request outweigh the best interests of the public and the defendant in a speedy trial.
Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
IT IS SO STIPULATED
BENJAMIN WAGNER
United States Attorney
PAUL A. HEMESATH
Assistant United States Attorney
ERIN J. RADEKIN
Attorney for Defendant
JAIRO SIMON SERRANO
J. TONEY
Attorney for Defendant
JAMIE ERNESTO GARCIA-ALCAZAR
GILBERT A. ROQUE
Attorney for Defendant
JESUS BAZAN ALVARADO
SHARI RUSK
Attorney for Defendant
JULIO CESAR XEP
Attorney for Defendant
LUIS FIGUEROA-ALCAZAR
CHARLES E. BAUER
Attorney for Defendant
MARCARIO BARRAGAN AYALA
ORDER
For the reasons set forth in the accompanying stipulation and declaration of counsel, the status conference date of September 29, 2011 at 9:00 a.m. is VACATED and the above-captioned matter is set for status conference on November 3, 2011 at 9:00 a.m. The Court finds excludable time in this matter through November 3, 2011 under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. For the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the request outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §§ 3161(h)(7)(A), (h)(7)(B)(iv).
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE