Opinion
No. CR. S-11-296 WBS
03-15-2012
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
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JOHN R. MANNING
Attorney for Defendant
Manuel Herrera
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BRUCE LOCKE
Attorney for Defendant
Ruben Rodriguez
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RONALD J. PETERS
Attorney for Defendant
Jaime Mayorga
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ERIN J. RADEKIN
Attorney for Defendant
Sandra Hermosillo
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MATTHEW M. SCOBLE
Attorney for Defendant
Jun Dirain
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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.
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WILLIAM B. SHUBB
UNITED STATES DISTRICT JUDGE