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United States v. Zavala-Tapia

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


August 14, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ALEX ZAVALA-TAPIA, JOSE MENDOZA-GARCIA, MIGUEL ABUNDEZ MOSQUEDA, NORMAN ANGELO MIKE, DEFENDANTS.

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

STIPULATION AND [PROPOSED] ORDER

DATE: August 17, 2009

TIME: 8:30 a.m.

It is hereby stipulated and agreed to between the United States of America through SAMUEL WONG, Assistant U.S. Attorney, and defendants,

ALEX ZAVALA-TAPIA by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender, and JOSE MENDOZA-GARCIA by and through his counsel, GILBERT A. ROQUE, and MIGUEL ABUNDEZ MOSQUEDA by and through his counsel, CLEMENTE M. JIMENEZ and NORMAN ANGELO MIKE by and through his counsel, DWIGHT M. SAMUEL that the status conference set for Monday, August 17, 2009 be continued to Monday, September 14, 2009 at 8:30 a.m..

The reason for this continuance is to allow defense counsel additional time to review discovery with the defendants, to examine possible defenses and to continue investigating the facts of the case.

It is further stipulated that the time period from the date of this stipulation, August 13, 2009, through and including the date of the new status conference hearing, September 14 2009, shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. §§ 3161 (h)(7)(A)&(B)(iv)and Local Code T4 [reasonable time for defense counsel to prepare].

DATED: August 13, 2009

Respectfully submitted,

DANIEL J. BRODERICK Federal Defender

BENJAMIN GALLOWAY Assistant Federal Defender

Attorney for Defendant ALEX ZAVALA-TAPIA

Benjamin Galloway for GILBERT A. ROQUE Attorney for Defendant JOSE MENDOZA-GARCIA

Benjamin Galloway for CLEMENTE M. JIMENEZ Attorney for Defendant MIGUEL ABUNDEZ MOSQUEDA

Benjamin Galloway for DWIGHT M. SAMUEL Attorney for Defendant NORMAN ANGELO MIKE

DATED: August 13, 2009

LAWRENCE G. BROWN United States Attorney

Benjamin Galloway for SAMUEL WONG Assistant U.S. Attorney Attorney for Plaintiff

ORDER

IT IS SO ORDERED. Time is excluded from the date of the parties' stipulation, August 13, 2009, through and including September 14, 2009 in the interests of justice pursuant to 18 U.S.C. §3161(h)(7)(A)&(B)(iv) [reasonable time to prepare] and Local Code T4.

The Court finds that the failure to grant a continuance in this case would deny each defense counsel reasonable time necessary for effective preparation of his respective client's case, taking into account the exercise of due diligence. The Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and defendants in a speedy trial.

It is so ordered.

20090814

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