STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE, AND TO EXCLUDE TIME PURSUANT TO THE SPEEDY TRIAL ACT

JOHN A. MENDEZ, District Judge.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Samuel Wong, Assistant United States Attorney, attorney for plaintiff; Timothy Zindel, Assistant Federal Defender, attorney for defendant Yasmin Rico; Kyle Knapp, attorney for defendant Elpidio Pedrizco-Mata; Dina Santos, attorney for defendant Rigoberto Ibanez-Rojas; Clemente Jimenez, attorney for defendant Victor Vasquez-Heras; Michael Hansen, attorney for defendant Elodio Morfin-Soto; Michael Long, attorney for defendant Pedro Rojas-Garcia; Richard Bobus, attorney for defendant Juan Lira-Dejesus; Mark Reichel, attorney for defendant Apolinar Bautista-Ruiz; Olaf Hedberg, attorney for defendant Marcial Abraham-Montalvo; Christopher Cosca, attorney for defendant Porfirio Vasquez-Heraz; Kristy Kellogg, attorney for defendant Maurilio Vasquez-Heraz; and John Manning, attorney for defendant Jessica Juarez, that the previously-scheduled status conference date of February 10, 2015, be vacated and the matter set for status conference on May 5, 2015, at 9:15 a.m.

1. The parties agree and stipulate, and request the Court find the following:

2. Additionally, Mr. Hansen will be out of state on another matter (US v. Samuel Flek, USDC, S.D. Ohio, Case No. 2:14-CR-00207-MHW) and a continuance of the status conference is needed to ensure continuity of counsel for defendant Morfin-Soto.

3. 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.

Accordingly, the parties respectfully request the Court adopt this proposed stipulation in its entirety as part of its Order.

IT IS SO STIPULATED.

ORDER

The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. Section 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny all defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence, and continuity of counsel for defendant Morfin-Soto. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.

The Court orders that the time from the date of the parties' stipulation, February 9, 2015, to and including May 5, 2015, 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. Section 3161(h)(7)(A) and (B) (ii) and (iv), and Local Codes T2 (unusual and complex case) and T4 (reasonable time for defense counsel to prepare and continuity of defense counsel). It is further ordered that the February 12, 2015, status conference shall be continued until May 5, 2015, at 9:00 a.m.

IT IS SO ORDERED.