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U.S. v. Alvarez, 2:18-CR-0001-MCE. (2018)

Court: District Court, E.D. California Number: infdco20180417933 Visitors: 12
Filed: Apr. 13, 2018
Latest Update: Apr. 13, 2018
Summary: AMENDED STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE MORRISON C. ENGLAND, JR. , District Judge . Plaintiff United States of America, through its respective counsel, and defendants Tony Acosta Alvarez and Lionel Ornelas, through their counsel of record, stipulate that the status conference currently set for April 12, 2018, be continued to May 17, 2018, at 10:00 a.m. On January 4, 2018, Mr. Alvarez and Mr. Ornelas were both arraigned on the twenty-nine-count Indictment in this case. (
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AMENDED STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

Plaintiff United States of America, through its respective counsel, and defendants Tony Acosta Alvarez and Lionel Ornelas, through their counsel of record, stipulate that the status conference currently set for April 12, 2018, be continued to May 17, 2018, at 10:00 a.m.

On January 4, 2018, Mr. Alvarez and Mr. Ornelas were both arraigned on the twenty-nine-count Indictment in this case. (ECF No. 21.) Since that time, the United States has produced 300-plus pages of discovery to each defendant, which includes the defendants' criminal histories, three complete search warrant packages from December 19, 2017 (the day each man was arrested at his home), and all of the investigative packages (i.e., pen-trap and § 2703(d) packages) submitted to the Court during the lifespan of this 8-month investigation. Recently, the government received from the Federal Bureau of Invest-igation an additional set of materials, which includes all official reports prepared in connection with this case, and all audio and video recordings from surveillance. The government will prepare these materials for disclosure to both defense counsel, who will require additional time to review these new materials, as well as the materials already produced, to discuss them their clients, to conduct additional investigation, and to otherwise prepare for trial.

Based on the foregoing, the parties stipulate that the status conference currently scheduled for April 12, 2018, be continued to May 17, 2018, at 10:00 a.m. The parties further agree that time under the Speedy Trial Act should be excluded from the date this order issues to and including May 17, 2018, under 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [reasonable time to prepare] and General Order 479, Local Code T4, based on continuity of counsel and defense preparation.

The parties agree that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The parties also agree that the ends of justice served by the Court granting the requested continuance outweigh the best interests of the public and the Defendants in a speedy trial.

ORDER

The Court, having received and considered the parties' stipulation, and good cause appearing therefore, adopts the parties' stipulation in its entirety as its order. The Court specifically finds that 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 also finds that the ends of justice served by granting the requested continuance outweigh the best interests of the public and the Defendants in a speedy trial.

Time from the date of this order, up to and including May 17, 2018, shall be excluded from computation of time within which the trial in this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [reasonable time for counsel to prepare] and General Order 479 (Local Code T4). It is further ordered that the April 12, 2018 status conference shall be continued until May 17, 2018, at 10:00 a.m.

IT IS SO ORDERED.

Source:  Leagle

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