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United States v. Zavala-Tapia

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


March 19, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ALEX ZAVALA-TAPIA, ET AL., DEFENDANTS.

STIPULATION AND PROPOSED ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

It is hereby stipulated and agreed to between defendants Norman Mike, Alex ZavalaTapia, Jose Mendoza-Garcia and Miguel Abundez Mosqueda, by and through their respective counsel, Dwight M. Samuel, Benjamin Galloway, Gilbert Roque, and Clemente M. Jimenez and plaintiff United States of America, by and through Samuel Wong, Assistant United States Attorney, that the status conference presently set for Monday, March 22, 2010 be vacated and rescheduled for a status conference on Monday, April 26, 2010, at 9:00 a.m.

Defendants have requested additional discovery from the United States and additional time is necessary for the United States to obtain and produce the discovery, and defendants to review and investigate the new discovery.

Therefore all parties request that the Court continue the status conference to April 26, 2010. It is further stipulated and agreed by all parties that the period from the date of this stipulation, March 19, 2010, through and including April 26, 2010, be excluded in computing the time within which trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4 for preparation of defense counsel.

ORDER

The Court having received, read, and considered the parties' stipulation, and GOOD CAUSE APPEARING therefrom, it is hereby ordered that the March 22, 2010, status conference be continued to until April 26, 2010, at 9:00 a.m. The Court finds that the ends of justice served by the requested continuance outweigh the best interest of the public and the defendants in a speedy trial. The Court finds that the failure to grant the requested continuance would deny the defendants' counsel reasonable time for effective preparation taking into account the exercise of due diligence. THEREFORE, IT IS FURTHER ORDERED that the period from the date of the parties' stipulation, March 19, 2010, through and including April 26, 2010, be excluded in computing the time within which trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4 for preparation of defense counsel.

IT IS SO ORDERED.


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