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United States v. Martinez

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


July 29, 2009

UNITED STATES, PLAINTIFF,
v.
ANTONIO MARTINEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: The Honorable Frank C. Damrell, Jr. United States District Court Judge

STIPULATION AND ORDER RESETTING THE STATUS CONFERENCE

All defendants by and through their respective counsel and the United States (government) by and through counsel Assistant U.S. Attorney Heiko Coppola stipulate and agree the status conference currently set for August 3, 2009, should be reset to August 24, 2009, at 10:00 a.m.

The parties stipulate and agree the time from August 3, 2009, up to and including August 24, 2009, should be excluded in computing the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the government and the 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 government has provided a substantial amount of discovery to the defense including recorded statements of all six defendants, five of which are in the Spanish language. Defense counsel are still in the process of reviewing the discovery and working with interpreters to review the recordings with our clients. The interpreter, Carol Meredith, has indicated she will have the translations of the recordings completed by July 31, 2009. Defense counsel then needs time to review the transcripts and to meet with their clients to discuss the contents of the statements. The additional time is also necessary to continue the review of other discovery and to continue to conduct the necessary investigation.

DATED: July 29, 2009 Matthew Bockmon Attorney for Misael Hernandez Galvin Krista Hart Attorney for Antonio Mercado Martinez Danny Brace Attorney for Heracleo Montanes Gonzalez Mark Reichel Attorney for Jose Luis Marquez Garibay Michael Bigelow Attorney for Aristeo Hernandez Montano Christopher Cosca Attorney for Juan Manuel Hernandez Cruz LAWRENCE BROWN Acting United States Attorney Heiko Coppola Assistant U.S. Attorney

ORDER

This Court finds the ends of justice are best served by granting the request to exclude time from the Speedy Trial Act. The exclusion is necessary to allow defense counsel adequate time to complete preparation of transcripts, to review the transcripts and to discuss them with their respective clients. This Court finds the exclusion of time from August 3, 2009, up to and including August 24, 2009, is appropriate pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4. Therefore, it is ordered that the Status Conference currently set for August 3, 2009, be vacated and reset to August 24, 2009, at 10:00 a.m. and that time is excluded.

20090729

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