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United States v. Ramirez

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


December 3, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
HUBERT MARIO RAMIREZ, ET AL., DEFENDANTS.

STIPULATION AND PROPOSED ORDER TO CONTINUE STATUS CONFERENCE TO MONDAY, MARCH 1, 2010

Plaintiff United States of America, by its counsel, Assistant United States Attorney, Mr. Michael M. Beckwith, and defendant HUBERT MARIO RAMIREZ, by his attorney Ms. Lexi Negin; 2defendant MIGUEL VILLA-CONTRERAS, by his attorney Mr. Mark J. Reichel; 3)defendant JOSE JUAN AYALLA-LOPEZ , by his attorney Ms. Shari Rusk; and defendant 4)ADRIAN ORTEGA-DIAZ , by his attorney Mr. James R. Greiner, hereby stipulate and agree that the status conference calendared for Monday, December 7, 2009, at 8:30 a.m. before the Honorable Senior District Court Judge, William B. Shubb, may be continued to Monday, March 1, 2010, at 8:30 a.m.

The Court's courtroom deputy, Ms. Karen Kirksey Smith, was contacted to ensure the Court's calendar was available for that date and the Court is available on Monday, March 1, 2010.

The other defendants have pled guilty in this case and are not apart of this stipulation.

BACKGROUND OF THE CASE

The indictment in this case was filed on August 7, 2008. (See Docket Entry #1)

On August 12, 2008, ten (10) of the twelve made their first appearance before the magistrate court. At that time the government and the defense agreed to set a status conference on Monday, October 10, 2008. The defense had not yet been provided discovery in the case. In addition, the government and the defense agreed to exclude time from the Speedy Trial Act under Local Code T-2 (complexity of case and Title 18 U.S.C. section 3161(h)(8)(B)(ii)and Local Code T-4 and Title 18 U.S.C. section 3161(h)(8)(B)(iv) (See Docket Entry # 15).

By August 13, 2008, all the defendants had made their initial appearance in magistrate Court. (See Docket Entry # 27)

By on or about August 30, 2008, the government had produced the initial discovery in the case consisting of a CD and hard copy documents.

Then the government produced new and additional discover to the defense the week of June 8, 2009.

The defense has had some of the recordings transcribed and translated and the defense is in the process of reviewing these with their clients. In addition, the defense is making a determination about whether the remainder of the transcripts should be translated. This review requires additional time for both the defendants and counsel to adequately review and discuss the impact on each defendant's case. In addition, the defense will make a determination while reviewing the transcripts that have been translated, whether the remainder of the transcripts should be translated.

The defense is also attempting to obtain additional discovery from the government that is material to both the case and to the good faith discussions in attempting to resolve this matter.

The potential penalties are large, with all of the defendants facing a potential mandatory minimum of 10 years in federal prison, except for defendant ADRIAN ORTEGA DIAZ, who faces a potential mandatory minimum of 20 years in federal prison.

The government and the defense agree to exclude time from the Speedy Trial Act under Local Code T-2 (complexity of case) and Title 18 U.S.C. section 3161(h)(8)(B)(ii)and Local Code T-4 and Title 18 U.S.C. section 3161(h)(7)(B)(iv) (See Docket Entry # 15) from Monday, December 7, 2009 to Monday, March 1, 2010, with the following reasons for the finding by the Court to exclude time under the Speedy Trial Act:

the number of defendants, four (4) being large in and of itself presents complex issues across the board of this case, 2- the number of legal issues with the four (4) defendants is complex, 3-the number of legal issues with the four (4) defendants is interwoven which adds to the complexity of the legal research, 4-the government has alleged a conspiracy which presents complex factual issues which must be reviewed in the discovery by the defense counsel and then discussing these complex factual issues of conspiracy with the defendants themselves,

5-with the allegation of conspiracy, the defense is also faced with complex legal issues which must be researched and then fully discussed with the defendants, 6- the investigation in the case is on going by the defense. 7-the other defendants that have pled guilty put the case into a different posture that must be examined and reviewed by the remaining parties;

the defense is attempting to obtain additional discovery from the government that is material both to the case and to the good faith discussions in attempting to resolve this matter;

9-the defense is in the process of reviewing those transcripts that have been translated. This will take additional time for the adequate review by both the defendant's and counsel. In addition, the defense will make a determination while reviewing the transcripts that have been translated, whether the remainder of the transcripts should be translated.

The parties stipulate and agree that time under the Speedy Trial Act shall continue be excluded up to and including Monday, March 1, 2010, under the Speedy Trial Act under Local Code T-2 (complexity of case) and Title 18 U.S.C. section 3161(h)(8)(B)(ii)and Local Code T-4 (time for defense counsel preparation) and Title 18 U.S.C. section 3161(h)(7)(B)(iv).

Respectfully submitted,

BENJAMIN B. WAGNER UNITED STATES ATTORNEY Michael Beckwith by e mail authorization DATED: 12-3-09 MICHAEL BECKWITH ASSISTANT UNITED STATES ATTORNEY ATTORNEY FOR THE PLAINTIFF DATED: 12-3-09 /S/LEXI NEGAN by e mail authorization LEGI NEGAN ATTORNEY FOR DEFENDANT RAMIREZ DATED: 12-3-09 by e mail authorization MARK REICHEL ATTORNEY FOR DEFENDANT VILLA-CONTRERAS DATED: 12-3-09 by e mail authorization SHARI RUSK ATTORNEY FOR DEFENDANT AYALLA-LOPEZ DATED: 12-3-09 JAMES R. GREINER ATTORNEY FOR DEFENDANT ORTEGA-DIAZ

ORDER

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

20091203

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