Filed: Sep. 26, 2018
Latest Update: Sep. 26, 2018
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE WILLIAM B. SHUBB , District Judge . The United States of America through its undersigned counsel, Brian Fogerty, Assistant United States Attorney, together with counsel for defendant Moctezuma Tovar, Thomas A. Johnson, Esq., counsel for defendant Sandra Hermosillo, Erin J. Radekin, Esq., counsel for defendant Jun Michael Dirain, Timothy Zindel, Esq., and counsel for defendant Manuel Herrera, John R. Manning, Esq., hereby stipul
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE WILLIAM B. SHUBB , District Judge . The United States of America through its undersigned counsel, Brian Fogerty, Assistant United States Attorney, together with counsel for defendant Moctezuma Tovar, Thomas A. Johnson, Esq., counsel for defendant Sandra Hermosillo, Erin J. Radekin, Esq., counsel for defendant Jun Michael Dirain, Timothy Zindel, Esq., and counsel for defendant Manuel Herrera, John R. Manning, Esq., hereby stipula..
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STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE
WILLIAM B. SHUBB, District Judge.
The United States of America through its undersigned counsel, Brian Fogerty, Assistant United States Attorney, together with counsel for defendant Moctezuma Tovar, Thomas A. Johnson, Esq., counsel for defendant Sandra Hermosillo, Erin J. Radekin, Esq., counsel for defendant Jun Michael Dirain, Timothy Zindel, Esq., and counsel for defendant Manuel Herrera, John R. Manning, Esq., hereby stipulate the following:
1. By previous order, this matter was set for a status conference on October 1, 2018.
2. By this stipulation the defendants now move to continue the status conference to December 3, 2018.
3. The parties agree and stipulate, and request the Court find the following:
a. On August 20, 2018 the Ninth Circuit denied defendants Jaime Mayorga and Ruben Rodriguez's interlocutory appeal from the district court's denial of their motion to dismiss the indictment on double jeopardy grounds (ECF #776). Co-defendants Ruben Rodriguez and Jaime Mayorga are awaiting a ruling in the Ninth Circuit on their petition for rehearing which will determine whether there will be a third trial.
b. It is anticipated some of the defendants will testify if there is a third trial and therefore the parties believe scheduling a status conference on December 3, 2018 is appropriate.
c. The government does not object to the continuance.
IT IS SO STIPULATED.
ORDER
IT IS SO FOUND AND ORDERED.
