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U.S. v. Torres-Gutierrez, CR 18-458 RS (2). (2019)

Court: District Court, N.D. California Number: infdco20190502e93 Visitors: 8
Filed: May 01, 2019
Latest Update: May 01, 2019
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT RICHARD SEEBORG , District Judge . This matter is presently set for a status conference on May 14, 2019. The government has produced discovery to the defendant. On April 29, 2019, the Court issued a protective order with respect to certain other discovery, and the government is in the process of producing additional discovery, including wiretap recordings, pursuant to the terms of that protectiv
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STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

This matter is presently set for a status conference on May 14, 2019. The government has produced discovery to the defendant. On April 29, 2019, the Court issued a protective order with respect to certain other discovery, and the government is in the process of producing additional discovery, including wiretap recordings, pursuant to the terms of that protective order. Ms. Torres-Gutierrez is currently on pretrial release and resides in the Central District of California. In light of the additional pending discovery, the protective order's restrictions on the dissemination of that discovery, and the defendant's residence outside the district, the parties do not believe they will be in a position to provide the Court with a meaningful status update on the date currently set. For these reasons, the parties stipulate and respectfully request the Court continue the status conference from May 14, 2019 to June 18, 2019 at 2:30 p.m.

For the same reasons, the parties also stipulate that the time between May 14, 2019 and June 18, 2019, should be excluded from calculation under the Speedy Trial Act for the effective preparation of counsel and that ends of justice served by any such continuance outweigh the best interests of the public and the defendant in a speedy trial.

IT IS SO STIPULATED.

DAVID L. ANDERSON MOEEL LAW OFFICE United States Attorney /s/ /s/ NIKHIL BHAGAT SHAFFY MOEEL Assistant United States Attorney Attorney for Maria Alicia Torres-Gutierrez Attorneys for the United States

ORDER

For good cause shown, with respect to defendant Maria Alicia Torres-Gutierrez, the status conference hearing presently set for May 14, 2019 at 2:30 p.m. is continued to June 18, 2019 at 2:30 p.m.

Based upon the stipulation of counsel and for good cause shown, the Court finds that failing to exclude the time between May 14, 2019, and June 18, 2019 would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time from May 14, 2019 through and including June 18, 2019, from computation under the Speedy Trial Act outweigh the best interests of the public and the defendants in a speedy trial. Having made these findings, it is hereby ORDERED that the time from May 14, 2019 through and including June 18, 2019, shall be excluded from computation under the Speedy Trial Act as to this defendant. 18 U.S.C. § 3161(h)(7)(B)(iv).

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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