Opinion
24-cr-1167-JO
06-26-2024
UNITED STATES OF AMERICA, Plaintiff, v. JORGE ERNESTO MONCADA VAZQUEZ (1); TOMAS ALEJANDRO ARIAS TAMAYO (2), Defendants.
ORDER CONTINUING MOTION HEARING/TRIAL SETTING
HON. JINSOOK OHTA UNITED STATES DISTRICT JUDGE
On June 12, 2024, the parties filed a Joint Motion to Continue the Motion Hearing/Trial Setting currently set for June 28, 2024 to July 12, 2024. For good cause appearing, the Court GRANTS the joint motion to continue [Dkt. 25] and sets the Motion Hearing/Trial Setting on July 12, 2024 at 1:30 p.m.
For the reasons set forth in the joint motion, the Court finds that the ends of justice will be served by granting the requested continuance, and these outweigh the interests of the public and the defendant in a speedy trial. Accordingly, the delay occasioned by this continuance is excludable pursuant to 18 U.S.C. § 3161(h)(7)(A).
Further, on June 7, 2024, Defendant Jorge Ernesto Moncada Vasquez filed a pretrial motion that remains pending. Additionally, on June 10, 2024, Co-Defendant Tomas Alejandro Arias Tamayo also filed a pretrial motion that remains pending. Accordingly, the Court finds that time from June 7, 2024 to July 12, 2024 shall be excluded under the Speedy Trial Act on grounds that a pretrial motion is pending. 18 U.S.C. § 3161(h)(1)(D). This time is also excluded as to the Co-Defendant. United States v. Messer, 197 F.3d 330, 336 (9th Cir. 1999) (“It is well established that an exclusion from the Speedy Trial clock for one defendant applies to all codefendants.”).
IT IS SO ORDERED.