Opinion
CASE NO. 1:11-cr-00235 LJO
10-27-2011
UNITED STATES OF AMERICA, Plaintiff, v. SOMSACK THOULY SOYINTHISANE, ET AL., Defendants.
BENJAMIN B. WAGNER United States Attorney LAUREL J. MONTOYA Assistant U.S. Attorney DANIEL HARRALSON Attorney for Defendant Somsack Thouly Soyinthisane ROBERT WILKINSON Attorney for Defendant George Rivera CAROL ANN MOSES Attorney for Defendant Jose Antonio Guzman BARBARA HOPE O'NEILL Attorney for Defendant Juan Manuel Torres-Zaragoza
BENJAMIN B. WAGNER
United States Attorney
LAUREL J. MONTOYA
Assistant U.S. Attorney
STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER
DATE: November 14, 2012
TIME: 1:00 P.M.
PLACE: Courtroom Four
Honorable
IT IS HEREBY STIPULATED by and between the parties through their respective counsel, that the current status conference set for October 28, 2011, at 9:00 a.m., be continued to November 14, 2011, at 1:00 p.m. before the Honorable , United States District Court Judge.
The parties further stipulate and agree that the time between October 28, 2011, and November 14, 2011 be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. §§ 3161(h)(7)(B)(iv). Specifically, additional reports that the government expected to have by this time have been requested but not received. Additionally, there has been difficulty converting some of the electronic discovery to a format that can be opened and copied for the defense. The government is working to resolve this. The lab reports significantly impact on the determination of the guidelines in this matter and although requested, the report has not been received. The parties need time to review the discovery so the offers can be evaluated. The parties will be prepared to enter a plea, set a change of plea hearing, or set a trial date at the next hearing.
The parties stipulate and agree that the ends of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §§ 3161(h)(7)(A).
BENJAMIN B. WAGNER
United States Attorney
LAUREL J. MONTOYA
Assistant U.S. Attorney
DANIEL HARRALSON
Attorney for Defendant
Somsack Thouly Soyinthisane
ROBERT WILKINSON
Attorney for Defendant
George Rivera
CAROL ANN MOSES
Attorney for Defendant
Jose Antonio Guzman
BARBARA HOPE O'NEILL
Attorney for Defendant
Juan Manuel Torres-Zaragoza
ORDER
IT IS HEREBY ORDERED, that the Status Conference hearing of October 24, 2011 (the time between Oct 24 and 28 is excluded administratively for good cause, due to the reassignment of the case from retired Senior District Judge Wanger to the undersigned)at 9:00 a.m. be continued to November 14, 2011 at 1:00 p.m. Time shall be excluded to and through that date. For the reasons set forth above, the continuance requested is granted for good cause and the Court finds the ends of justice outweigh the interests of the public and the defendant in a speedy trial.
At the next hearing on November 14, the case will be either pled or set for trial. That hearing will be the 4th status hearing. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE