Opinion
CASE NO. 2:09-CR-358 WBS
10-11-2011
UNITED STATES OF AMERICA, Plaintiff, v. JOSE OLIVERA ZAPIEN, et.al. Defendant.
BENJAMIN B. WAGNER United States Attorney DATE: October 7, 2011 HEIKO P. COPPOLA Assistant U.S. Attorney MICHAEL PETRICK Attorney for Defendant Jose Olivera Zapien GILBERT ROQUE Attorney for Defendant Ramiro Suarez RUBEN MUNOZ Attorney for Defendant Adolfo Valencia Alvarez OLAF HEDBERG Attorney for Defendant Jose Quintero Fernandez CLEMENTE JIMENEZ Attorney for Defendant Jose Moreno Gutierrez TIM PORI Attorney for Defendant Erik Aguilar Lara
BENJAMIN B. WAGNER
United States Attorney
HEIKO P. COPPOLA
Assistant U.S. Attorney
STIPULATION AND [PROPOSED]
ORDER TO EXCLUDE TIME
The parties request that the status conference in this case be continued from October 11, 2011 to November 21, 2011 at 9:30 a.m. They stipulate that the time between October 11, 2011 and November 2011 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv)and Local Code T-4. Specifically, all defense counsel need additional time to review the discovery provided and investigate the case. Well over 2000 pages of discovery and 80 CD's containing video, audio recordings and photographs have been provided to the defense counsel to date. Defense counsel are still reviewing approximately 1200 new pages of discovery provided by the government in January 2011. Further, the parties are actively engaged in plea negotiations and it is anticipated this time period will aide in the resolution of this case for a number of parties. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
Respectfully Submitted,
BENJAMIN B. WAGNER
United States Attorney
DATE: October 7, 2011
HEIKO P. COPPOLA
Assistant U.S. Attorney
MICHAEL PETRICK
Attorney for Defendant Jose
Olivera Zapien
GILBERT ROQUE
Attorney for Defendant Ramiro
Suarez
RUBEN MUNOZ
Attorney for Defendant Adolfo
Valencia Alvarez
OLAF HEDBERG
Attorney for Defendant Jose
Quintero Fernandez
CLEMENTE JIMENEZ
Attorney for Defendant Jose
Moreno Gutierrez
TIM PORI
Attorney for Defendant Erik
Aguilar Lara
SO ORDERED.
WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE