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United States v. Villegas

United States District Court, Ninth Circuit, California, E.D. California
Dec 9, 2013
CR-S-13-286 LKK (E.D. Cal. Dec. 9, 2013)

Opinion

STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; FINDINGS AND ORDER

LAWRENCE K. KARLTON, District Judge.

The United States of America through its undersigned counsel, Todd Pickles, Assistant United States Attorney, together with counsel for defendant Antonio Villegas, Gilbert Roque, Esq., counsel for defendant Jesus Mascorro, John R. Manning, Esq., and counsel for defendant Genaro Santacruz, Dan Koukol, Esq., hereby stipulate the following:

1. By previous order, this matter was set for status conference on December 10, 2013.

2. By this stipulation, defendants now move to continue the status conference until January 28, 2014 and to exclude time between December 10, 2013 and January 28, 2014 under the Local Code T-4 (to allow defense counsel time to prepare).

JOHN R. MANNING (SBN 220874) ATTORNEY AT LAW, Sacramento, CA, Attorney for Defendant JESUS MASCORRO.

GILBERT ROQUE, Attorney for Defendant Antonio Villegas

DAN KOUOKOL, Attorney for Defendant Genaro Santacruz

3. The parties agree and stipulate, and request the Court find the following:


a. This case currently contains over 6, 000 pages of discovery.

b. Counsel for the defendants need additional time to review the discovery, conduct investigation, and interview potential witnesses.

c. Counsel for defendants believe 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.

d. The Government does not object to the continuance.

e. Based on the above-stated findings, the ends of justice served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial within the original date prescribed by the Speedy Trial Act.

f. For the purpose of computing time under the Speedy Trial Act, 18 United States Code Section 3161(h)(7)(A) within which trial must commence, the time period of December 10, 2013 to January 28, 2014 is deemed excludable pursuant to 18 United States Code Section 3161(h)(7)(A) and (B)(ii) and (iv), corresponding to Local Code T-4 because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interests of the public and the defendants in a speedy trial.

4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.

IT IS SO STIPULATED.

ORDER

IT IS SO FOUND AND ORDERED.


Summaries of

United States v. Villegas

United States District Court, Ninth Circuit, California, E.D. California
Dec 9, 2013
CR-S-13-286 LKK (E.D. Cal. Dec. 9, 2013)
Case details for

United States v. Villegas

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. ANTONIO VILLEGAS, et al.…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Dec 9, 2013

Citations

CR-S-13-286 LKK (E.D. Cal. Dec. 9, 2013)