Opinion
CASE NO. 2:09-cr-0095 EJG
08-23-2011
UNITED STATES OF AMERICA, Plaintiff, v. CESAR ADRIAN ZUNIGA aka Christian Beltran, and LUIS ZUNIGA GARCIA Defendants.
BENJAMIN WAGNER United States Attorney Scott N. Cameron, for Heiko P. Coppola Assistant U.S. Attorney Scott N. Cameron Counsel for Luis Zuniga-Garcia DANIEL J. BRODERICK Federal Defender Scott N. Cameron, for Jeffrey Staniels Assistant Federal Defender Attorney for Defendant CESAR ADRIAN ZUNIGA
SCOTT N. CAMERON
Attorney at Law
1007 7th Street, Suite 319
Sacramento, California 95814
Telephone: (916) 442-5230
Attorney for:
LUIS ZUNIGA-GARCIA
STIPULATION AND ORDER CONTINUING
BRIEFING SCHEDULE AND NON
EVIDENTIARY HEARING DATE, AND
EXCLUDING TIME
Stipulation
The parties, through undersigned counsel, stipulate that the briefing schedule for the filing and determination of defendants' motion to suppress evidence and motion to dismiss for violation of the Fifth and Fourteenth Amendments may be continued according to the dates listed below. On July 13, 2011, the defendants received pre-plea criminal history reports from the Probation Department as ordered by this Court. Counsel for defendants have actively been meeting with their respective clients and are working to settle this matter prior to filing the above-stated motion. The parties desire to continue the briefing schedule and non-evidentiary hearing date of the motion to provide time to attempt to settle the case. As such, the parties stipulate that the briefing schedule and non-evidentiary hearing date may be rescheduled as follows:
Defendants' Moving Papers: September 23, 2011
Government's Opposition: October 21, 2011
Defendants' Optional Reply: November 4, 2011
Non-evidentiary Hearing and
Evidentiary Hearing Setting: November 18, 2011 at 10:00 a.m.
IT IS FURTHER STIPULATED THAT time for trial under the Speedy Trial Act be excluded pursuant to 19 U.S.C. § 3161(h)(1)(D) & (h)(7)(A) & (B)(iv), Local Codes E and T-4. The parties agree that the interests of justice served by granting this continuance outweigh the best interests of the public and defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
The parties have authorized the defense counsel for Luis Zuniga-Garcia to sign this stipulation on their behalf.
BENJAMIN WAGNER
United States Attorney
by Scott N. Cameron, for
Heiko P. Coppola
Assistant U.S. Attorney
by Scott N. Cameron
Counsel for Luis Zuniga-Garcia
by DANIEL J. BRODERICK
Federal Defender
Scott N. Cameron, for
Jeffrey Staniels
Assistant Federal Defender
Attorney for Defendant
CESAR ADRIAN ZUNIGA
Order
For the reasons stated in the above stipulation of counsel, the briefing schedule and non-evidentiary hearing date stipulated to by counsel is hereby ordered.
The court finds that the ends of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. Time for trial under the Speedy Trial Act is excluded from the date of the execution of this stipulation through November 18, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) [reasonable time to prepare], Local Code T4, and 18 U.S.C. § 3161(h)(7)(1)(D), Local Code E (commencing with the filing of motions).
Edward J. Garcia, Judge
United States District Court