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U.S. v. Vasquez, cr13-0335-SI. (2014)

Court: District Court, N.D. California Number: infdco20140319e98 Visitors: 6
Filed: Mar. 18, 2014
Latest Update: Mar. 18, 2014
Summary: STIPULATION AND [PROPOSED] ORDER CONTINUING MATTER AND EXCLUDING TIME UNDER 18 U.S.C. 3161 SUSAN ILLSTON, District Judge. On February 7, 2014, the parties made a status appearance before the Court. During that appearance, the government explained that it intended to seek another indictment against the defendant. The parties requested that the matter be continued until March 21, 2014. On March 6, 2014, Mr. Vasquez was charged in an indictment, case number cr-14-120-CRB, alleging violat
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STIPULATION AND [PROPOSED] ORDER CONTINUING MATTER AND EXCLUDING TIME UNDER 18 U.S.C. § 3161

SUSAN ILLSTON, District Judge.

On February 7, 2014, the parties made a status appearance before the Court. During that appearance, the government explained that it intended to seek another indictment against the defendant. The parties requested that the matter be continued until March 21, 2014.

On March 6, 2014, Mr. Vasquez was charged in an indictment, case number cr-14-120-CRB, alleging violation of numerous counts, including 18 U.S.C. § 1962(d) — Racketeering Conspiracy; 18 U.S.C. § 1959 (a)(5) — Conspiracy to Commit Murder in Aid of Racketeering Activity; 18 U.S.C. § 1959 (a)(6) — Conspiracy to Commit Assault with a Dangerous Weapon in Aid of Racketeering Activity; 18 U.S.C. §§ 1959(a)(1) and 2 — Murder in Aid of Racketeering Activity; 18 U.S.C. §§ 924(c)(1)(A) and 2 — Possession, Carrying, and Using a Firearm in Furtherance of, or During and in Relation to, a Crime of Violence; and 18 U.S.C. §§ 924(j) and (2) — Use/Possession of Firearm in Furtherance of Crime of Violence, Resulting in Death.

In light of the pending charges against Mr. Vasquez in the newly charged case, the parties request that this case be continued for three months to June 27, 2014, so that defense counsel will have an opportunity to evaluate the new charges and advise Mr. Vasquez accordingly.

The parties request that the time between March 21, 2014, and June 27, 2014, be excluded from the running of the speedy trial clock for effective preparation of counsel, 18 U.S.C. § 3161(h)(7)(B)(iv).

SO STIPULATED:

Dated: March 14, 2014 /s/ Andrew M. Scoble ANDREW M. SCOBLE Assistant United States Attorney /s/ Natalie Lee NATALIE LEE Assistant United States Attorney

[PROPOSED] Order

For the reasons stated above, this matter is continued until June 27, 2014, for another status. The Court finds that the exclusion of time from March 21, 2014, through June 27, 2014, is warranted and that the failure to grant the requested continuance would deny the defendant effective preparation of counsel and would result in a miscarriage of justice. 18 U.S.C. § 3161(h)(7)(B)(iv).

IT IS SO ORDERED.

Source:  Leagle

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