United States
v.
Reyes

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIASep 4, 2012
No. CR 12-0204 MMC (N.D. Cal. Sep. 4, 2012)

No. CR 12-0204 MMC

09-04-2012

UNITED STATES OF AMERICA, Plaintiff, v. SAUL SANCHEZ REYES, Defendant.

GEOFFREY A. HANSEN Federal Public Defender SHAWN HALBERT Assistant Federal Public Defender Counsel for Defendant Saul Sanchez-Reyes


GEOFFREY A. HANSEN
Federal Public Defender
SHAWN HALBERT
Assistant Federal Public Defender
Counsel for Defendant Saul Sanchez-Reyes

STIPULATION AND [PROPOSED]

ORDER VACATING SEPTEMBER 5,

2012 HEARING DATE AND SETTING

BRIEFING AND HEARING DATES

AND EXCLUDING ADDITIONAL

TIME FROM SEPTEMBER 4, 2012 TO

OCTOBER 31, 2012


STIPULATION

This case is set for setting or change of plea on September 5, 2012. Based on records and other information that the defense received over the past several days, the defense needs to complete its investigation but anticipates that it will file a motion arguing that Mr. Sanchez Reyes was ordered deported based on a conviction that was constitutionally defective under Padilla v. Kentucky, 130 S. Ct. 1473 (2010) such that the deportation could not serve as a predicate for a prosecution under 8 U.S.C. § 1326.

In lieu of the court appearance on September 5, 2012, the defense thus requests that the Court vacate the hearing date and set the following briefing and hearing schedule: defendant will file his opening motion on September 26, 2012; the government will file an opposition on October 17, 2012; the defense will file a reply on October 24, 2012; the motion will be heard on October 31, 2012 or any date thereafter convenient to the Court. The government has no objection to this request and jointly submits these dates to the Court.

The parties also agree that the time between September 5, 2012 and October 31, 2012 (or some date thereafter convenient to the Court) should be excluded under the Speedy Trial Act; the continuance is necessary for effective preparation of counsel, 18 U.S.C. § 3161(h)(1)(D) and (h)(7)(A) and (h)(7)(B)(iv) and for defendant's pending motion as of September 26, 2012, and the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). SO STIPULATED.

MELINDA HAAG


United States Attorney


__________________


J. MARK KANG


Special Assistant United States Attorney


__________________


SHAWN HALBERT


Attorney for Defendant


ORDER

For the reasons stated above, the Court vacates the September 5, 2012 hearing date and sets the motion briefing and hearing date as follows: Defendant will file his opening motion on September 26, 2012; the government will file its opposition on October 17, 2012; the defense will file a reply on October 24, 2012; the motion will be heard on October 31, 2012 at 2:15 p.m.

IT IS FURTHER ORDERED that the time between September 5, 2012 and October 31, 2012 should be excluded under the Speedy Trial Act; the continuance is necessary for effective preparation of counsel, 18 U.S.C. § 3161(h)(1)(D) and (h)(7)(A) and (h)(7)(B)(iv) and for defendant's pending motion as of September 26, 2012, and the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). SO ORDERED.

_______________________________________


THE HONORABLE MAXINE M. CHESNEY


United States District Judge