Opinion
No. 2:11-CR-0066 GEB
01-25-2012
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 January 27, 2012
Time: 9:00 a.m.
Judge: Garland E. Burrell, Jr.
The parties hereby stipulate and agree that that the status conference in this case may be continued from January 27, 2012, to February 24, 2012, at 9:00 a.m. The parties further stipulate and agree that, for the reasons stated below, the time between January 27, 2012, and February 24, 2012, should be excluded from the calculation of time under the Speedy Trial Act. The parties agree 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).
A defense expert is still reviewing records of Mr. Tapia's prior removal proceeding and will not be able to meet with counsel until the second week in February. Additional time is needed thereafter to discuss future proceedings and possible resolution of the case. The parties therefore stipulate and agree that the interests 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)(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 February 24, 2012, 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 February 24, 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