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United States v. Chavez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 16, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JORGE CHAVEZ ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. William B. Shubb

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

The parties request that the status conference currently set for June 15, 2009, be continued to July 13, 2009, and stipulate that the time beginning June 15, 2009, and extending through July 13, 2009, should be excluded from the calculation of time under the Speedy Trial Act. The parties submit that the ends of justice are served by the Court excluding such time, so that counsel for each defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4.

The parties are in the process of discussing and negotiating the various plea offers in this case. Furthermore, it appears that Alex Hernandez will be retaining new counsel. Each defendant will need time to consider his or her offer in light of the discovery. As such, the attorneys for each defendant need more time to prepare, which will include reviewing discovery, discussing that discovery with their respective clients, considering new evidence that may affect the disposition of this case, conducting necessary legal research and investigation, and then discussing with their clients how to proceed. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(B)(iv).

Respectfully Submitted,

LAWRENCE G. BROWN Acting United States Attorney

Dated: June 12, 2009

MICHAEL M. BECKWITH Assistant U.S. Attorney

Dated: June 12, 2009

THOMAS A. JOHNSON Attorney for defendant Armando Chavez

Dated: June 12, 2009

MICHAEL B. BIGELOW Attorney for defendant Alex Hernandez

Dated: June 12, 2009

DANIEL M. DAVIS Attorney for defendant Juan Villa, Jr.

Dated: June 12, 2009

HAYES H. GABLE, III Attorney for defendant Jamie Jiminez

Dated: June 12, 2009

KRESTA N. DAILY Attorney for defendant Maricella Villa

ORDER

For the reasons stated above, the status conference in case number CR. S-07-0515 WBS, currently set for June 15, 2009, is continued to July 13, 2009; and the time beginning June 15, 2009, and extending through July 13, 2009, is excluded from the calculation of time under the Speedy Trial Act for effective defense preparation. The Court finds that interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(B)(iv).

IT IS SO ORDERED.

20090616

© 1992-2009 VersusLaw Inc.



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