Opinion
No. CR 11-00308 DLJ
10-11-2011
UNITED STATES OF AMERICA, Plaintiff, v. NORMA VALDOVINOS, ET AL., Defendant.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division GRANT P. FONDO (181530) Assistant United States Attorney Attorneys for Plaintiff ALFREDO MORALES Counsel for Claudia Valdovinos ROBERT J. CAREY, JR. Counsel for Linda Tran JEANE DEKELVER Counsel for Elaine Ly THOMAS FERRITO Counsel for Pablo Curiel
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
GRANT P. FONDO (181530)
Assistant United States Attorney
Attorneys for Plaintiff
STIPULATION AND ORDER EXCLUDING TIME FROM SEPTEMBER 21, 2011, TO NEW STATUS HEARING, AND SETTING NEW STATUS HEARING DATE TO NOVEMBER 15, 2011
The defendants Claudia Valdovinos, Linda Tran, Elaine Ly, and Pablo Curiel, represented by Alfredo Morales, Robert Carey, Jeane Dekelver, and Thomas Ferrito, respectively, and the government, represented by Grant Fondo, Assistant United States Attorney, appeared before the Hon. Lucy H. Koh on June 15, 2011, for a status hearing. Judge Koh set the matter for a further status hearing on September 21, 2011, and excluded time from June 15, 2011, through September 21, 2011. Shortly thereafter the matter was deemed related to another matter, and transferred to the Hon. Jeremy Fogel. The matter was again re-assigned on September 28, 2011, to the Hon. D. Lowell Jensen.
Defendant Norma Valdovinos made her initial appearance and has since failed to appear, and defendant Jesus Chavez fled prior to service of the indictment.
The parties request that this matter be set for a further status conference on November 15, 2011 at 9:00 AM, or some other date convenient for the Court, and that time be excluded from September 21, 2011, through the new status hearing date. This matter is a complex mortgage fraud case involving thousands of pages of documents. The parties have engaged in and are continuing plea discussions. Further, the defendants have been reviewing discovery and continue to do so. Counsel for the defendants request that time be excluded under the Speedy Trial Act between September 21, 2011, and the new status hearing date because the time is needed to review the discovery and to conduct necessary investigation. The government has no objection to excluding time.
MELINDA HAAG (CABN 132612)
United States Attorney
GRANT P. FONDO
Assistant United States Attorney
ALFREDO MORALES
Counsel for Claudia Valdovinos
ROBERT J. CAREY, JR.
Counsel for Linda Tran
JEANE DEKELVER
Counsel for Elaine Ly
THOMAS FERRITO
Counsel for Pablo Curiel
ORDER
Based upon the representation of counsel and for good cause shown, the Court finds that failing to exclude the time between September 21, 2011, and November 15, 2011, would unreasonably deny the defendant continuity of counsel and would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time between September 21, 2011, and November 15, 2011, from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial. Therefore, IT IS HEREBY ORDERED that the time between September 21, 2011, and November 15, 2011, shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv). A further status conference will be held on November 15, 2011 at 9:00am before Judge D. Lowell Jensen in Courtroom 7, 4th Floor, San Jose Courthouse.
D. Lowell Jensen
United States District Judge