Opinion
CR.S. 11-451-JAM
07-12-2012
DANIEL J. BRODERICK, #89424 Federal Defender DENNIS S. WAKS, BAR #142581 Supervising Assistant Federal Defender Attorney for Defendant URIEL TORRES
DANIEL J. BRODERICK, #89424
Federal Defender
DENNIS S. WAKS, BAR #142581
Supervising Assistant Federal Defender
Attorney for Defendant
URIEL TORRES
STIPULATION AND ORDER
TO EXTEND TIME FOR STATUS
CONFERENCE AND EXCLUDE TIME
DATE: August 28, 2012
Judge: John A. Mendez
Defendant, URIEL TORRES, by and through his counsel, DENNIS S. WAKS, Supervising Assistant Federal Defender, and the United States Government, by and through its counsel, PAUL A. HEMESATH, Assistant United States Attorney, hereby stipulate that the status conference set for July 17, 2012, be rescheduled for a status conference on Tuesday, August 28, 2012, at 9:45 a.m.
This continuance is being requested because defense counsel requires additional time to review discovery, discuss the case with the government, and pursue investigation.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for August 28, 2012, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv), [reasonable time to prepare] (Local Code T4).
The Court finds that the ends of justice to be served by granting a continuance outweigh the best interest of the public and the defendant in a speedy trial.
Respectfully Submitted,
DANIEL J. BRODERICK
Federal Defender
Dennis S. Waks
Supervising Assistant
Federal Defender
Attorney for Defendant
URIEL TORRES
BENJAMIN B. WAGNER
United States Attorney
Dennis S. Waks for
PAUL A. HEMESATH
Assistant U.S. Attorney
ORDER
Based on the stipulation of the parties and good cause appearing therefrom, 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 specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial. Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its order. Time is excluded from computation of time within which the trial of this matter must be commenced beginning from the date of the stipulation through and including August 28, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [reasonable time for defense counsel to prepare] and Local Code T4. A new status conference date is hereby set for August 28, 2012, at 9:45 a.m..
__________________
JOHN A. MENDEZ
United States District Court Judge