Filed: Jan. 17, 2020
Latest Update: Jan. 17, 2020
Summary: AMENDED STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER MORRISON C. ENGLAND, JR. , District Judge . STIPULATION 1. By previous orders, the related matters, both captioned above, were set for status conferences on January 9, 2020. 2. By this stipulation, the following defendants now move to continue the status conferences in both matters until April 23, 2020, and to exclude time between
Summary: AMENDED STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER MORRISON C. ENGLAND, JR. , District Judge . STIPULATION 1. By previous orders, the related matters, both captioned above, were set for status conferences on January 9, 2020. 2. By this stipulation, the following defendants now move to continue the status conferences in both matters until April 23, 2020, and to exclude time between ..
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AMENDED STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER
STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; ORDER
MORRISON C. ENGLAND, JR., District Judge.
STIPULATION
1. By previous orders, the related matters, both captioned above, were set for status conferences on January 9, 2020.
2. By this stipulation, the following defendants now move to continue the status conferences in both matters until April 23, 2020, and to exclude time between January 9, 2020, and April 23, 2020, under Local Code T4,
a) ELIAS HERNANDEZ VALENCIA (aka "Pistola")
b) FILIBERTO MADRIGAL (aka "Fily")
c) LUIS ARMANDO RIOS GARCIA (aka "Pee Wee")
d) GEORGINA CARRILLO AYALA
e) JOSE ANTONIO PANTOJA ESTRADA
f) JOSE MANUEL RODRIGUEZ (aka "Manny")
g) ROBERTO MERCADO-RANGEL.
3. These parties agree and stipulate, and request that the Court find the following:
a) The government has represented that the discovery associated with this case includes seven compact discs, containing over 400 pages of investigative reports, surveillance photographs, surveillance video, and T-III wiretap transcripts. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b) Counsel for defendants desire additional time to continue to review discovery, conduct investigation, communicate with the government and their respective clients, discuss possible resolutions, and prepare for trial. The continuance is necessary to ensure continuity of counsel and for defense preparation.
c) Counsel for defendants believe that failure to grant the above-requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d) The government does not object to the continuance.
e) Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
f) As to both cases, for the purpose of computing time for these defendants under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of January 9, 2020 to April 23, 2020, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendants' request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
4. In regard to the defendant JOSE FRANCISCO BUENAVIDA (aka "Canas"), the government and counsel for this defendant agree and stipulate, and ask that the Court find, that the defendant's whereabouts are currently unknown, despite the exercise of due diligence. The parties therefore ask that the Court find that for the purposes of computing time for this defendant under the Speedy Trial Act, within which trial must commence, the time period of January 9, 2020 to April 23, 2020, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(3)(A) & (B) [Local Code M].
5. The defendant BART RICHARD HUGHES does not join this stipulation and his case is set for sentencing on May 14, 2020.
6. The defendants KELLY DUANE HUGHES and JERRY CURTIS FOSTER have entered guilty pleas in this matter and been sentenced. The remaining defendants not mentioned in this stipulation have not yet appeared in this matter.
7. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
IT IS SO STIPULATED.
ORDER
The Court adopts the stipulation of the parties as its order and excludes time as set forth above. In Case No. 1:19-CR-100-MCE, the matter was previously continued on the Court's own motion to April 9, 2020. ECF No. 17. That hearing is hereby VACATED and continued to April 23, 2020, as well.
IT IS SO ORDERED.
