IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 28, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
ARMANDO VASQUEZ PEREZ, JAIME FLORES, NARCISCO MARTINEZ, AND GUADALUPE GUTIERREZ, DEFENDANTS.
ORDER FOLLOWING HEARING REGARDING STATUS OF COUNSEL FOR DEFENDANT NARCISCO MARTINEZ
This matter came on for a hearing regarding the status of counsel for defendant Narcisco MARTINEZ on August 12, 2008, at 9:30 a.m. Assistant United States Attorney Steve Lapham appeared (for Assistant U.S. Attorney Jason Hitt) on behalf of the United States of America and Assistant Federal Defender Linda Harter, Esq., appeared on behalf of defendant Narcisco MARTINEZ. The defendant was present in custody.
Based upon the Court's granting of the defendant's motion for new counsel on August 5, 2008, the Court relieved the Federal Defender's Office from further representation of defendant Narcisco MARTINEZ and appointed J. Toney, Esq. to represent the defendant.
The Court further ordered defendant Narcisco MARTINEZ to join the remaining defendants at the status Conference set for September 9, 2008, at 09:30 a.m. The Court further order that the time from August 12, 2008, to September 9, 2008, be excluded under the Speedy Trial Act as to defendant Narcisco MARTINEZ based upon the need for the newly-appointed defense counsel to review the discovery in this matter and in the interests of justice under 18 U.S.C. § 3161(h)(8)(B)(iv) and Local Code T4.
Therefore, IT IS HEREBY ORDERED that:
(1) The Office of the Federal Defender is relieved from representation of defendant Narcisco MARTINEZ;
(2) J. Toney, Esq. is appointed to represent defendant Narcisco MARTINEZ;
(3) Defendant Narcisco MARTINEZ is joined with his co-defendants for a further status conference in this case on September 9, 2008, at 9:30 a.m.; and
(4) Pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv) and Local Code T4, the time period from August 12, 2008, up to and including September 9, 2008, as to defendant Narcisco MARTINEZ is excluded from the time computation required by the Speedy Trial Act based upon the need for the new defense attorney to review and become familiar with the discovery in this case and prepare the defense of the defendant.
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