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U.S. v. Tafoya, 14-CR-00193-JAM. (2015)

Court: District Court, E.D. California Number: infdco20150529a65 Visitors: 2
Filed: May 27, 2015
Latest Update: May 27, 2015
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE JOHN A. MENDEZ , District Judge . Defendant, Rudy Tafoya, by and through his undersigned counsel, and the United States, through its undersigned counsel, hereby agree and request that the status conference currently set for Tuesday, June 2, 2015 at 9:15 am be vacated and reset for Tuesday, July 21, 2015 at 9:15 am. A continuance is necessary to allow defense counsel additional time to review audio recordings recently received in discovery
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

Defendant, Rudy Tafoya, by and through his undersigned counsel, and the United States, through its undersigned counsel, hereby agree and request that the status conference currently set for Tuesday, June 2, 2015 at 9:15 am be vacated and reset for Tuesday, July 21, 2015 at 9:15 am.

A continuance is necessary to allow defense counsel additional time to review audio recordings recently received in discovery with the defendant, evaluate the case, hold discussions with his client, and negotiations with the government toward a potential resolution of the charges. In addition, a continuance is necessary to allow defense counsel time to arrange for two of Mr. Tafoya's state priors reduced to misdemeanors pursuant to California's Proposition 47.

The parties further stipulate that the failure to grant a continuance in this matter would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; that the ends of justice served by granting this continuance outweigh the best interest of the public and the defendant in a speedy trial; and that time should be excluded from the computation of time within which trial must commence under the Speedy Trial Act from June 2, 2015, up to and including July 21, 2015, pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.

I, William E. Bonham, the filing party, have received authorization from AUSA Justin Lee to sign and submit this stipulation and proposed order on her behalf.

Accordingly, the defense and the United States agree and stipulate that the status conference for defendant Rudy Tafoya should be continued until Tuesday, July 21, 2015 at 9:15 am.

BENJAMIN B. WAGNER United States Attorney By: /s/JUSTIN LEE JUSTIN LEE Assistant U.S. Attorney

ORDER

The status conference currently set for Tuesday, June 2, 2015 at 9:15 am is vacated and continued to Tuesday, July 21, 2015, at 9:15 am.

I find that the failure to grant such a continuance would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Accordingly, the time within which the trial of this case must be commenced under the Speedy Trial Act is excluded from June 2, 2015, up to and including the date of the new status conference, July 21, 2015, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4. I specifically find that the ends of justice served by granting this continuance outweigh the best interest of the public and defendants in a speedy trial within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4. IT IS SO ORDERED.

Source:  Leagle

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