Opinion
KYLE R. KNAPP, ATTORNEY AT LAW, Sacramento, CA, Attorney for Defendant, JOSE MORALES CASTELLON.
BENJAMIN B. WAGNER, UNITED STATES ATTORNEY, JASON HITT, Assistant U.S. Attorney, Attorney for Plaintiff.
MICHAEL PETRIK, Assistant Federal Defender, Attorney for Defendant, OMAR VERA.
RON PETERS, Attorney for Defendant, EDUARDO REYES.
STIPULATION AND ORDER CONTINUING CASE AND EXCLUDING TIME
MORRISON C. ENGLAND, Jr., Chief District Judge.
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Jason Hitt, Assistant United States Attorney, attorney for plaintiff, together with Assistant Federal Defender Michael Petrik, attorney for defendant Omar Vera, Kyle Knapp, attorney for defendant Jose Morales Castellon and Ron Peters, attorney for defendant Eduardo Reyes, that the previously-scheduled status conference, currently set for September 17, 2015, be vacated and that the matter be set for status conference on October 8, 2015 at 9:00 a.m.
Counsel have conferred and this continuance is requested to allow defense counsel additional time to finalize review of plea agreements in this case, finalize defense investigation and further review the discovery in this matter.
IT IS FURTHER STIPULATED that the ends of justice served by the granting of such a continuance outweigh the best interests of the public and the defendant in a speedy trial and that time within which the trial of this case must be commenced under the Speedy Trial Act should therefore be excluded under 18 U.S.C. Section 3161(h)(7)(B) (iv), corresponding to Local Code T-4 (to allow defense counsel time to prepare) from the date of the parties' stipulation, September 15, 2015 up to and including October 8, 2015.
IT IS SO STIPULATED.
ORDER
The Stipulation of the parties is hereby accepted and the requested continuance is GRANTED. This matter shall be dropped from this court's September 17, 2015 criminal calendar and re-calendared for status conference on October 8, 2015. Based on the representations of the parties, the Court finds that the ends of justice served by granting this continuance outweigh the interests of the public and the defendant in a speedy trial. Time is excluded from the time of the filing of this stipulation on September 15, 2015 through and including October 8, 2015.
IT IS SO ORDERED.