Filed: Aug. 31, 2017
Latest Update: Aug. 31, 2017
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT TROY L. NUNLEY , District Judge . This matter is presently set for a status conference on September 7, 2017. The case involves allegations of distribution of controlled substances stemming from several rounds of court-authorized wiretaps. The discovery includes voluminous reports, audio and video tapes, and transcripts in the English and Spanish languages. Attorney Tasha Chalfant replaced Robert
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT TROY L. NUNLEY , District Judge . This matter is presently set for a status conference on September 7, 2017. The case involves allegations of distribution of controlled substances stemming from several rounds of court-authorized wiretaps. The discovery includes voluminous reports, audio and video tapes, and transcripts in the English and Spanish languages. Attorney Tasha Chalfant replaced Roberto..
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STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
TROY L. NUNLEY, District Judge.
This matter is presently set for a status conference on September 7, 2017. The case involves allegations of distribution of controlled substances stemming from several rounds of court-authorized wiretaps. The discovery includes voluminous reports, audio and video tapes, and transcripts in the English and Spanish languages. Attorney Tasha Chalfant replaced Roberto Aguilar Navarro's original counsel, Hayes Gable, earlier this year when Mr. Gable started treatment for cancer.
Several charged defendants in this case have resolved their pending matters. Remaining defense counsel are in the continuing process of reviewing discovery and conducting their own investigation regarding potential defenses in the case. Many of the events discussed in the reports and transcripts occurred in the Yuba City/Marysville region, approximately 40 miles from Sacramento. Several of the defendants and many witnesses are Spanish speakers, requiring the services of a Spanish language interpreter.
The parties to this action, Plaintiff United States of America by and through Assistant United States Attorney Justin Lee, and Attorney Jesse Ortiz on behalf of Defendant Vicente Velasquez, Attorney Todd D. Leras on behalf of Defendant Pedro Fuentes, and Attorney Tasha Chalfant on behalf of Defendant Roberto Aguilar Navarro, stipulate as follows:
1. By this stipulation, Defendants now move to vacate the status conference presently set for September 7, 2017. The parties request to continue the status conference to November 16, 2017, at 9:30 a.m., and to exclude time between September 7, 2017 and November 16, 2017 under Local Code T-4. The United States does not oppose this request.
2. Due to the volume of discovery in the case, including the recordings and transcripts of intercepted telephone conversations under court-authorized wiretaps, and the supplemental discovery recently provided by the United States, defense counsel for all defendants are engaged in ongoing review of the discovery and defense investigation related to potential defenses in this matter. This investigation is necessary to ensure that potential defenses are explored and discussed with each defendant in the case.
3. All defense counsel represent and believe that failure to grant additional time as requested would deny each of them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
4. Based on the above-stated facts, the parties jointly request that the Court find that the ends of justice served by continuing the case as requested outweigh the best interest of the public and the Defendants in a trial within the time prescribed by the Speedy Trial Act.
5. 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 September 7, 2017 to November 16, 2017, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), and (B) (iv) [Local Code T-4] because it results from a continuance granted by the Court at Defendants' request on the basis that the ends of justice served by taking such action outweigh the best interest of the public and the Defendants in a speedy trial.
6. 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.
Assistant U.S. Attorney Justin Lee and all defense counsel have reviewed this proposed order and authorized Todd Leras to sign it on their behalf.
ORDER
BASED ON THE REPRESENTATIONS AND STIPULATION OF THE PARTIES, it is hereby ordered that the status conference in this matter, scheduled for September 7, 2017, is vacated. A new status conference is scheduled for November 16, 2017, at 9:30 a.m. The Court further finds, based on the representations of the parties and Defendants' request, that the ends of justice served by granting the continuance outweigh the best interests of the public and the defendants in a speedy trial. Time shall be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4, to allow necessary attorney preparation taking into consideration the exercise of due diligence for the period from September 7, 2017, up to and including November 16, 2017.
