Opinion
CR 13-133 YGR
03-15-2013
UNITED STATES OF AMERICA, Plaintiff, v. ERNESTO MONARREZ VIZCARRAZ, Defendant.
STEVEN G. KALAR Federal Public Defender ELLEN V. LEONIDA Assistant Federal Public Defender Counsel for Defendant ERNESTO MONARREZ VIZCARRAZ
STEVEN G. KALAR
Federal Public Defender
ELLEN V. LEONIDA
Assistant Federal Public Defender
Counsel for Defendant
ERNESTO MONARREZ VIZCARRAZ
STIPULATION TO CONTINUANCE
AND EXCLUSION OF TIME UNDER
THE SPEEDY TRIAL ACT, 18 U.S.C. §
3161 ET. SEQ.; ORDER
IT IS HEREBY STIPULATED, by and between the parties to this action, that the status hearing date of March 28, 2013, presently scheduled at 2:00 p.m. before the Honorable Yvonne Gonzalez Rogers, be vacated and the matter be re-set for April 4, 2013.
The requested continuance is necessary because defense counsel inadvertently set the matter on a date she was scheduled to be out of town. Additionally, defense counsel is obtaining documents from Santa Clara County regarding Mr. Monarrez Vizcarraz's prior convictions. These documents are necessary to evaluate whether any motions are warranted, as well as to calculate the applicable Sentencing Guidelines range.
The parties agree and stipulate that the time until April 4, 2013 should be excluded, under 18 U.S.C. §3161(h)(7)(A) and 18 U.S.C. §3161(h)(7)(B)(iv) because the ends ofjustice served by the granting of the continuance outweigh the bests interests of the public and the defendant in a speedy and public trial. The continuance is necessary to afford the Defendant continuity of counsel and to afford defense counsel necessary time for effective preparation.
______________________
ELLEN V. LEONIDA
Assistant Federal Public Defender
Counsel for defendant GONZALO AMBRIZ
______________________
TALIA FALK
Special Assistant United States Attorney
ORDER
The court finds that the ends of justice served by the granting of the continuance outweigh the bests interests of the public and the defendant in a speedy and public trial. The continuance is necessary to accommodate counsel's preparation efforts and continuity of counsel. Based on these findings, IT IS HEREBY ORDERED THAT the above-captioned matter is continued to April 4, 2013 at 2:00 p.m., before the Honorable Yvonne Gonzalez Rogers, and that time is excluded until April 4, 2013 pursuant to 18 U.S.C. § 3161(h)(7)(a) and 18 U.S.C. §3161(h)(7)(B)(iv) .
IT IS SO ORDERED.
______________________
HON. YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT JUDGE