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United States v. Johnson

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


January 12, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOY JOHNSON, ET AL., DEFENDANTS.

ORDER SETTING TRIAL DATE AND EXCLUDING TIME

On January 5, 2010, in the courtroom of the Honorable Lawrence K. Karlton, United States District Judge, this matter came on for (1) an arraignment of the remaining defendants on the superseding indictment and (2) a trial-setting status conference. Russell L. Carlberg, Assistant United States Attorney, appeared for the United States. Donald H. Heller, Esq., appeared on behalf of defendant Joy Johnson. Bruce L. Locke, Esq., appeared on behalf of defendant Elizabeth Carrion. Dwight M. Samuel, Esq., appeared on behalf of defendant Angelito Evangelista.

The Court first arraigned defendants on the superseding indictment. The defendants acknowledged their identities, receipt of the superseding indictment, and waived a formal reading of the superseding indictment.

The Court then heard argument regarding a trial date. Counsel for defendant Johnson moved the Court for a trial date of March 30, 2010, representing that the additional discovery supplied by the government over the past three months was largely duplicative of earlier-provided discovery. Counsel for defendant Evangelista joined the motion of defendant Johnson. The government joined the motion of defendants Johnson and Evangelista for a trial date of March 30, 2010. Counsel for defendant Carrion objected to setting a trial date any time before July 2010, stating he was busy with other cases and needed more time to review the discovery.

After consideration of the oral argument of the parties and of the memoranda that defendants Johnson, Carrion, and the government filed, the Court sets a trial date of March 30, 2010. A trial confirmation hearing is set for March 16, 2010. A further status conference is set for February 23, 2010, at which time counsel for defendant Carrion is to report back his progress in reviewing the discovery provided by the government over the past three months.

Regarding exclusion of time under the Speedy Trial Act, the Court makes the following findings. The government has provided in electronic format a total of approximately 25,000 pages of discovery. Defense counsel represented that additional time was needed to review these documents, and to investigate and to prepare the case for trial. Defense counsel also represented that the case was complex. The Court finds that the interests of justice outweigh the best interests of the public and the defendants in a speedy trial, and time, therefore, will be excluded as to all defendants from January 5, 2010, through and including March 30, 2010, on the basis of reasonable preparation of defense counsel taking into account the exercise of due diligence, 18 U.S.C. § 3161 (h)(8)(B)(iv) (local code T-4), and case complexity, 18 U.S.C. § 3161 (h)(8)(B)(ii) (local code T-2).

IT IS SO ORDERED.

20100112

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