Filed: Jul. 23, 2019
Latest Update: Jul. 23, 2019
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; [ PROPOSED ] FINDINGS AND ORDER WILLIAM B. SHUBB , District Judge . STIPULATION 1. By previous order, this matter was set for status on July 29, 2019. 2. By this stipulation, the parties move to continue the status conference until October 15, 2019, and to exclude time between July 29, 2019, and October 15, 2019, under Local Code T4. 3. The parties agree and stipulate, and request that the Court fi
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; [ PROPOSED ] FINDINGS AND ORDER WILLIAM B. SHUBB , District Judge . STIPULATION 1. By previous order, this matter was set for status on July 29, 2019. 2. By this stipulation, the parties move to continue the status conference until October 15, 2019, and to exclude time between July 29, 2019, and October 15, 2019, under Local Code T4. 3. The parties agree and stipulate, and request that the Court fin..
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STIPULATION TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER
WILLIAM B. SHUBB, District Judge.
STIPULATION
1. By previous order, this matter was set for status on July 29, 2019.
2. By this stipulation, the parties move to continue the status conference until October 15, 2019, and to exclude time between July 29, 2019, and October 15, 2019, under Local Code T4.
3. The parties agree and stipulate, and request that the Court find the following:
a) The government has represented that it has produced discovery in the form of investigative reports and photographs, which the defendant needs further time to review, discuss with his counsel, and pursue investigation. The government has also made available electronic surveillance discovery, including video surveillance footage, which the defendant will need time to review and discuss with his counsel.
b) Counsel for the defendant has recently substituted into this matter and requires time to familiarize herself with the evidence and proceedings in the case. Counsel for defendant believes that failure to grant the above-requested continuance would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
c) 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.
d) For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of July 29, 2019 to October 15, 2019, 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 defendant's 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. 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.
Dated: July 23, 2019 MCGREGOR W. SCOTT
United States Attorney
/s/ James R. Conolly
JAMES R. CONOLLY
Assistant United States Attorney
Dated: July 30, 2019. /s/ Dina Santos
DINA SANTOS
Counsel for Defendant
Jose Garcia-Lopez
a.k.a. Santos Leon Bustamante
a.k.a. Rodrigo Leon Bustamante
FINDINGS AND ORDER
IT IS HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefore, adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.
The Court orders the time from the date the parties stipulated, up to and including October 15, 2019, 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)(iv) (Local Code T4). It is further ordered that the July 29, 2019 status conference shall be continued until October 15, 2019, at 9:00 a.m.
IT IS SO FOUND AND ORDERED.
