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U.S. v. Esquibel, 2:15-cr-164 TLN. (2015)

Court: District Court, E.D. California Number: infdco20151015830 Visitors: 2
Filed: Oct. 14, 2015
Latest Update: Oct. 14, 2015
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE TROY L. NUNLEY , District Judge . IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Paul Andrew Hemesath, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Noa E. Oren, attorney for Secundino Esquibel, defendant Oscar Gonzalez, by and through his counsel, Jesse Ortiz III, defendant Jose Alvarez, by and through his counsel, John
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Paul Andrew Hemesath, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Noa E. Oren, attorney for Secundino Esquibel, defendant Oscar Gonzalez, by and through his counsel, Jesse Ortiz III, defendant Jose Alvarez, by and through his counsel, John Richard Manning, defendant Manuel Marzial, by and through his counsel Olaf William Hedberg, defendant Antonio Gomez, by and through his counsel Clemente Jimenez and defendant, Moises Torres, by and through his counsel Todd David Leras that the status conference, currently scheduled for October 22, 2015, be continued to January 28, 2016 at 9:30 a.m.

Defense counsel requires additional time to review discovery with the defendant and pursue investigation, as well as continue negotiations toward a non-trial disposition.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded of this order's date through and including January 28, 2016; pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

Counsel and the defendant also agree that the ends of justice served by the Court granting this continuance outweigh the best interests of the public and the defendant in a speedy trial.

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 January 28, 2016, 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) [reasonable time for counsel to prepare] and General Order 479, (Local Code T4). It is further ordered the October 22, 2015 status conference shall be continued until January 28, 2016, at 9:30 a.m.

Source:  Leagle

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