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United States v. Tovar

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 15, 2012
No. CR. S-11-296 WBS (E.D. Cal. Mar. 15, 2012)

Opinion

No. CR. S-11-296 WBS

03-15-2012

UNITED STATES OF AMERICA, Plaintiff, v. MOCTEZUMA TOVAR, et al., Defendants.

THOMAS A. JOHNSON Attorney for Defendant Moctezuma Tovar JOHN R. MANNING Attorney for Defendant Manuel Herrera BRUCE LOCKE Attorney for Defendant Ruben Rodriguez RONALD J. PETERS Attorney for Defendant Jaime Mayorga ERIN J. RADEKIN Attorney for Defendant Sandra Hermosillo MATTHEW M. SCOBLE Attorney for Defendant Jun Dirain CHRISTOPHER R. COSCA Attorney for Defendant Christian Renteria Benjamin B. Wagner United States Attorney STEVEN LAPHAM Assistant U.S. Attorney


BRUCE LOCKE (#177787)

Moss & Locke

800 Howe Avenue, Suite 110

Sacramento, CA 95825

(916) 569-0667

(916) 569-0665 fax

Attorneys for

VICTOR ALVARADO

STIPULATION AND PROPOSED ORDER TO CONTINUE THE

STATUS CONFERENCE FROM MARCH 19, 2012 TO MAY 14, 2012 AT 9:30 A.M.

IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Steven Lapham, Assistant United States Attorney, together with counsel for defendant Moctezuma Tovar, Thomas A. Johnson, Esq., counsel for defendant Manel Herrera, John R. Manning, Esq., counsel for defendant Ruben Rodriguez, Bruce Locke, Esq., counsel for defendant Jaime Mayorga, Ronald J. Peters, Esq., counsel for defendant Sandra Hermosillo, Erin J. Radekin, Esq., counsel for defendant Jun Dirain, Matthew M. Scoble, Esq., and counsel for defendant Christian Renteria, Christopher R. Cosca, Esq., that the status conference presently set for March 19, 2012 be continued to May 14, 2012, at 9:30 a.m., thus vacating the presently set status conference.

Defense counsel requires additional time to review the discovery and perform investigation. Therefore, counsel for the parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the defendants and the public in a speedy trial. 18 U.S.C. 3161(h)(7)(A) (continuity of counsel/ reasonable time for effective preparation) and Local Code T4, and agree to exclude time from the date of the filing of the order until the date of the status conference, May 14, 2012.

IT IS SO STIPULATED.

______________

THOMAS A. JOHNSON

Attorney for Defendant

Moctezuma Tovar

______________

JOHN R. MANNING

Attorney for Defendant

Manuel Herrera

______________

BRUCE LOCKE

Attorney for Defendant

Ruben Rodriguez

______________

RONALD J. PETERS

Attorney for Defendant

Jaime Mayorga

_____________

ERIN J. RADEKIN

Attorney for Defendant

Sandra Hermosillo

______________

MATTHEW M. SCOBLE

Attorney for Defendant

Jun Dirain

______________

CHRISTOPHER R. COSCA

Attorney for Defendant

Christian Renteria

Benjamin B. Wagner

United States Attorney

by: __________

STEVEN LAPHAM

Assistant U.S. Attorney

The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel to this stipulation reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.

The Court orders that the time from March 19, 2012 to May 14, 2012, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(ii) and (iv), and Local Codes T4 (reasonable time for defense counsel to prepare). It is further ordered that the March 19, 2012, status conference shall be continued until May 14, 2012, at 9:30 a.m. IT IS SO ORDERED.

______________

WILLIAM B. SHUBB

UNITED STATES DISTRICT JUDGE


Summaries of

United States v. Tovar

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Mar 15, 2012
No. CR. S-11-296 WBS (E.D. Cal. Mar. 15, 2012)
Case details for

United States v. Tovar

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. MOCTEZUMA TOVAR, et al.…

Court:UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

Date published: Mar 15, 2012

Citations

No. CR. S-11-296 WBS (E.D. Cal. Mar. 15, 2012)