Opinion
No. 2:11-CR-0066 GEB
08-15-2011
UNITED STATES OF AMERICA, Plaintiff, v. LEONEL TAPIA-MARTINEZ, Defendant.
DANIEL J. BRODERICK Federal Defender TIMOTHY ZINDEL Assistant Federal Defender Attorney for Mr. Tapia-Martinez BENJAMIN B. WAGNER United States Attorney MICHELE BECKWITH Assistant U.S. Attorney
DANIEL J. BRODERICK, Bar #89424
Federal Defender
TIMOTHY ZINDEL, Bar #158377
Assistant Federal Defender
Attorney for Defendant
LEONEL TAPIA-MARTINEZ
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE STATUS
CONFERENCE AND EXCLUDE TIME
Date August 12, 2011
Time: 9:00 a.m.
Judge: Garland E. Burrell, Jr.
The parties request that the status conference in this case be continued from August 12, 2011, to August 26, 2011, at 9:00 a.m. They stipulate that, for the reasons stated below, the time between August 12, 2011, and August 26, 2011, should 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 both counsel may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv).
Counsel requests additional time to conduct an extensive review of defendant's immigration history before deciding how to proceed. The parties stipulate and agree that the interests of justice served by granting this continuance therefore outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §3161(h)(7)(B)(iv).
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
TIMOTHY ZINDEL
Assistant Federal Defender
Attorney for Mr. Tapia-Martinez
BENJAMIN B. WAGNER
United States Attorney
MICHELE BECKWITH
Assistant U.S. Attorney
ORDER
The status conference is continued to August 26, 2011, at 9:00 a.m. For the reasons set forth above, the court finds that the ends of justice to be served by a continuance outweigh the best interests of the public and the defendant in a speedy trial and therefore excludes time through August 26, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge