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United States v. Lopez

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


April 21, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ORLANDO ISRAEL SALAZAR LOPEZ, DEFENDANTS.

The opinion of the court was delivered by: Hon. Edward J. Garcia

Date: May 21, 2010

AMENDED STIPULATION AND ORDER

Defendants Orlando Israel Salazar Lopez, Laura Plascencia Garcia, Bobby Wilkerson, Jr., Jose Leobardo Castro, Bruno Ramon Sanchez Yanez, Pedro Ernesto Ortiz, and Jorge Ramos Rodelo, through their respective counsel, and the United States, through its counsel, hereby stipulate and request that the Court continue the status conference in the above-captioned case from April 23, 2010, to May 21, 2010, at 10:00 a.m.

All the listed defendants are charged in this case with conspiracy to distribute and possess with the intent to distribute controlled substances in violation of 21 U.S.C. §§ 841(a)(1) and 846, as well as other offenses. The indictment is the result of a wiretap investigation. At the last status conference, the Court set a trial confirmation hearing on September 24, 2010 and a jury trial on October 25, 2010. A status conference was set for a control date and is now scheduled for April 23, 2010. Counsel are continuing to prepare for trial and/or plea and do not believe a status conference on April 23, 2010 will be productive. To date, not counting transcripts which are not bates stamped, defense counsel have received more than 3,100 pages of discovery, surveillance photos and videos, recorded meetings and phone calls with the undercover informant, and hundreds of recorded wiretap-intercepted phone calls. The vast majority of recorded calls are in Spanish. Counsel also estimates that there are well over 1,000 pages of transcripts. Some counsel are also in the process of negotiation in anticipation of a plea. Counsel believe a status conference on May 21, 2010 will be more appropriate and thus ask that the status conference be continued from April 23, 2010 to May 21, 2010.

At the last status conference, the Court made a finding that this case is "complex" and has excluded time under the Speedy Trial Act on this ground and for defense preparation through the trial date of October 25, 2010. For the reasons set forth above, the parties stipulate and request that the Court continue to exclude time within which the trial must commence under the Speedy Trial Act through October 25, 2010, for defense preparation and complexity under 18 U.S.C. § 3161(h)(8)(B)(ii) and (iv) (local codes T2 and T4).

Respectfully submitted,

Dated: April 20, 2010

JOHN BALAZS Attorney for Defendant ORLANDO ISRAEL SALAZAR LOPEZ

Dated: April 20, 2010

KRISTA HART Attorney for Defendant LAURA PLASCENCIA GARCIA

Dated: April 20, 2010

DANNY D. BRACE, Jr. Attorney for Defendant BOBBY WILKERSON, JR.

Dated: April 20, 2010

DWIGHT M. SAMUEL Attorney for Defendant JOSE LEOBARDO CASTRO

Dated: April 20, 2010

GILBERT A. ROQUE Attorney for Defendant BRUNO RAMON SANCHEZ YANEZ

Dated: April 20, 2010

DAN FRANK KOUKOL Attorney for Defendant PEDRO ERNESTO ORTIZ

Dated: April 20, 2010

HECTOR CAVAZOS, JR. Attorney for Defendant Jorge Ramos Rodelo BENJAMIN WAGNER U.S. Attorney

Dated: April 20, 2010

By: JILL MARIE THOMAS Assistant U.S. Attorney

ORDER

IT IS SO ORDERED.

HON. EDWARD J. GARCIA U.S. District Judge

20100421

© 1992-2010 VersusLaw Inc.



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