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United States v. Abarca

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


December 3, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ADOLFO F. ABARCA, ET AL., DEFENDANTS.

STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE TO FEBRUARY 9, 2010 PARTIES TO THE LITIGATION

Plaintiff United States of America, by its counsel, Assistant United States Attorney, Mr. Jason Hitt, and defendant ADOLFO F. ABARCA, by his attorney Mr. Hayes Gable and defendant JOSE F. ABARCA, by his attorney Mr. James R. Greiner, hereby stipulate and agree that the status conference calendared for Tuesday, December 8, 2009, at 9:15 a.m. before the Honorable Senior United States District Court Judge, Lawrence K. Karlton, may be continued to Tuesday, February 9, 2010, at 9:15 a.m..

The Court's courtroom deputy, Ms. Monica Narcisse has been contacted to ensure the Court's calendar was available for that date and the Court is available on Tuesday, February 9, 2010.

The defendants are in custody. There is no trial date set. The Court has previously made a finding that this case, from the record made with factual support, should have time excluded under local code T-4, that time is to be excluded for the reasonable time necessary for effective preparation by defense counsel and Title 18 U.S.C. section 3161(h)(7)(B)(iv),of the speedy trial act. (See Docket Entry # 9, 10, 17, 20, 21, 23, 25, 27 and 29)

PROCEDURAL STATUS OF THE CASE

The defendants have been reviewing the government's plea offers, reviewing and researching the advisory Sentencing guidelines and doing investigation in the case. All parties agree additional time is needed and that the ends of justice will be served, by granting this continuance to allow further good faith negotiations between all parties in an attempt to resolve this matter short of trial (which would be a cost savings both to the government and the Court) and could be in the best interests of the defendants. All parties agree that excluding time under the Speedy Trial Act is appropriate and the ends of justice are served by the Court excluding time, and all parties agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial so that counsel for the defendants may have reasonable time necessary for effective defense in this case, taking into account the exercise of due diligence and pursuant to Title 18 U.S.C. section 3161(h)(8)(B)(iv) and local code T-4.

The defendants' potentially face a sentence close to 20 years in federal prison, or more, based upon the Indictment and potentially the Advisory Sentencing Guidelines. This requires further investigation and discussion with the client's along with further investigation of the facts of the case in order for the defendants to make a knowing and intelligent decision in the case.

In addition, the defense is in the process of obtaining records which will materially aid in the discussions with the government about potential resolution in this case. The additional time is needed to ensure that these documents are obtained by the defense, reviewed, forwarded to the government and then continue the good faith negotiations with the government regarding resolution of this case.

STATUS OF DISCOVERY IN THE CASE

The government has provided discovery in this case which the defense is in the process of reviewing. Investigation is ongoing by the defense.

EXCLUSION OF TIME UNDER THE SPEEDY TRIAL ACT

The parties stipulate and agree that time under the Speedy Trial Act shall continue be excluded from December 8, 2009 to up to and including Tuesday, February 9, 2010, under the Speedy Trial Act under Local Code T-4 (time for defense counsel preparation) and Title 18 U.S.C. section 3161(h)(8)(B)(iv). All parties agree that excluding time under the Speedy Trial Act is appropriate and the ends of justice are served by the Court excluding time, and all parties agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial so that counsel for the defendants may have reasonable time necessary for effective defense in this case, taking into account the exercise of due diligence and pursuant to Title 18 U.S.C. section 3161(h)(7)(B)(iv) and local code T-4.

Respectfully submitted,

BENJAMIN B. WAGNER UNITED STATES ATTORNEY

Jason Hitt by telephone authorization

DATED: 12/03/2009

Jason Hitt ASSISTANT UNITED STATES ATTORNEYS ATTORNEY FOR THE PLAINTIFF

Hayes Gable Attorney for Defendant Adolfo F. Abarca

James R. Greiner Attorney for Defendant Jose F. Abarca

ORDER

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED.

20091203

© 1992-2009 VersusLaw Inc.



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