Opinion
CASE NO. 2:09-cr-0095 EJG
09-19-2011
UNITED STATES OF AMERICA, Plaintiff, v. CESAR ADRIAN ZUNIGA aka Christian Beltran, and LUIS ZUNIGA GARCIA Defendants.
Scott N. Cameron, for Jeffrey Staniels Assistant Federal Defender Attorney for Defendant CESAR ADRIAN ZUNIGA
SCOTT N. CAMERON
Attorney at Law
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. During the week of September 12, 2011, an offer was conveyed to the Government to settle this case. The Government expressed concerns regarding the merits of the offer and the defendants are reviewing discovery to address those concerns. Moreover, the defense attorneys need to meet with their respective clients in the Butte County jail to further the settlement efforts. The parties desire to continue the briefing schedule and non- evidentiary hearing date of the motion to provide time to continue the settlement discussions which appear to be progressing. As such, the parties stipulate that the briefing schedule and non-evidentiary hearing date may be rescheduled as follows:
+------------------------------------------------------------+ ¦Defendants' Moving Papers: ¦October 21, 2011 ¦ +----------------------------+-------------------------------¦ ¦Government's Opposition: ¦November 18, 2011 ¦ +----------------------------+-------------------------------¦ ¦Defendants' Optional Reply: ¦December 2, 2011 ¦ +----------------------------+-------------------------------¦ ¦Non-evidentiary Hearing and ¦ ¦ ¦ ¦December 16, 2011 at 10:00 a.m.¦ ¦Evidentiary Hearing Setting:¦ ¦ +------------------------------------------------------------+
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 December 16, 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