STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING AND EXCLUDE TIME UNDER SPEEDY TRIAL ACT AND RULE 5.1 FROM SEPTEMBER 29, 2015 TO OCTOBER 23, 2015, 2015 FOR DEFENDANTS CORTES and CHAVEZ-NAVARRETE

KANDIS WESTMORE, Magistrate Judge.

STIPULATION

Defendants Jesus CORTES and Jose Luis CHAVEZ-NAVARRETE (hereafter referred to collectively as the "Defendants") were charged by complaint in the above-referenced matter with conspiracy to distribute and to possess with the intent to distribute controlled substances. On August 20, 2015, Defendants made their initial appearances on the aforementioned charge. In an effort to potentially negotiate a pre-indictment disposition in this matter, the Government provided advance copies of discovery in this matter, subject to a protect order issued by the Court on September 10, 2015. The discovery production was substantial and consisted of 28 discs containing law enforcement reports, audio recordings, and audio-video recordings. The parties hereby request additional time before the preliminary hearing to allow defense counsel the opportunity to review the discovery and confer with their in-custody clients and the Government regarding a potential disposition of the case.

The preliminary hearing in this matter is presently scheduled on September 29, 2015 and the parties hereby request that it be continued to October 23, 2015. The parties make this request time to allow for reasonable time for the effective preparation of counsel. For all of the reasons stated, the parties believe that good cause exists to exclude and waive time under Federal Rule of Criminal Procedure 5.1(c) and (d) from September 29, 2015 through October 23, 2015 taking into account the public interest in the prompt disposition of a criminal case and Defendants' consent, and to exclude time under the Speedy Trial Act. 18 U.S.C. § 3161.

IT IS SO STIPULATED.

[PROPOSED] ORDER

For the reasons stated by the parties, the Court finds that the aforementioned request is supported by good cause and made with the consent of Defendants. Fed. R. Crim. Proc. 5.1(c) and (d). The Court therefore finds that an exclusion of time between September 29, 2015 and October 23, 2015 is merited under Federal Rules of Criminal Procedure Rule 5.1(c) and (d) and the Speedy Trial Act under 18 U.S.C. § 3161 and moves the date of the preliminary hearing to October 23, 2015.

IT IS SO ORDERED.