Elawyers Elawyers
Washington| Change

U.S. v. LOPEZ, 1:15-cr-00205-DAD-BAM. (2017)

Court: District Court, E.D. California Number: infdco20170202b70 Visitors: 11
Filed: Feb. 01, 2017
Latest Update: Feb. 01, 2017
Summary: STIPULATION AND ORDER TO CONTINUE TRIAL DATE DALE A. DROZD , District Judge . IT IS HEREBY STIPULATED by and between the parties through their respective counsel, Assistant United States Attorney Vincenza Rabenn, counsel for Plaintiff, and Assistant Federal Defenders, Victor M. Chavez and Megan T. Hopkins, counsel for Defendant Gonzalo Pimentel Lopez, that the trial set for March 21, 2017 at 1:00 p.m., may be continued to May 16, 2017 at 1:00 p.m. Trial confirmation may be set for May 1,
More

STIPULATION AND ORDER TO CONTINUE TRIAL DATE

IT IS HEREBY STIPULATED by and between the parties through their respective counsel, Assistant United States Attorney Vincenza Rabenn, counsel for Plaintiff, and Assistant Federal Defenders, Victor M. Chavez and Megan T. Hopkins, counsel for Defendant Gonzalo Pimentel Lopez, that the trial set for March 21, 2017 at 1:00 p.m., may be continued to May 16, 2017 at 1:00 p.m. Trial confirmation may be set for May 1, 2017 at 10:00 a.m.

The reason for this continuance is that defense counsel have identified the need to obtain certain expert services for which additional time is needed. This need is based on new factual information that was recently brought to counsel's attention. Defense counsel believe that such expert services are necessary to the adequate presentation of the defense.

The parties agree that this resetting is necessary in order to provide the defendant with the reasonable time necessary for effective preparation taking into account the exercise of due diligence. Based on the foregoing the parties agree that the ends of justice served by resetting the trial date outweigh the best interest of the public and the defendant in a speedy trial. Therefore the parties agree that time is excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), (B)(iv).

ORDER

The Court has reviewed and considered the stipulation of the parties to continue the trial in this case. Good cause appearing, the trial confirmation hearing as to Gonzalo Pimentel Lopez currently set for March 6, 2017, is continued to May 1, 2017, at 10:00am. The jury trial currently set for March 21, 2017, is continued to May 16, 2017, at 1:00pm. The time period between March 21, 2017 and May 16, 2017 is excluded under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(i) and (iv), in that, based upon the representations of counsel, the court finds the ends of justice served by granting the continuance outweigh the best interest of the public and the defendant in a speedy trial.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer