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United States v. Zavala-Tapia

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


April 23, 2010

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

AMENDED STIPULATION AND PROPOSED ORDER CONTINUING STATUS CONFERENCE

It is hereby stipulated and agreed to between Norman Mike, Alex Zavala-Tapia, Jose Mendoza-Garcia and Miguel Abundez Mosqueda, by and through their respective counsel, Dwight M. Samuel, Benjamin Galloway, Gilbert Roque, and Clemente M. Jimenenz and United States of America, by and through Samuel Wong, Assistant United States Attorney, that the status conference presently set for Monday, April 26, 2010 be vacated and rescheduled for a status conference on Monday, May 24, 2010, at 9:00 a.m. This case involves serious drug and firearms charges with a possible maximum life sentence. Defense counsel and their clients desire additional time to research the law, investigate the facts, and communicate amongst themselves regarding the handling of this case. This process is made more difficult because some of the defendants are Spanish language speakers and interpreters will be necessary to translate the discovery and other documents written in the English language. Also, defendants have requested additional discovery from the United States which will require more time to produce, and defendants desire to conduct more investigation once that new discovery is produced.

It is further stipulated that the period from the date of this stipulation, April 22, 2010, through and including May 24, 2010, be excluded in computing the time within which trial must commence 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.

DWIGHT M. SAMUEL Attorney for Defendant, Norman A. Mike Dated: April 22, 2010 Gilbert Roque*fn1 Attorney for Defendant, Jose Mendoza-Garcia Clemente M. Jimenz*fn2 Attorney for Defendant, Miguel Abundez Mosqueda Benjamin D. Galloway*fn3 Attorney for Defendant, Alex Zavala-Tapia BENJAMIN B. WAGNER United States Attorney Samuel Wong*fn4 Assistant United States Attorney

ORDER

The Court having received, read, and considered the parties' stipulation, and GOOD CAUSE APPEARING therefrom, it is hereby ordered that the April 26, 2010, status conference be continued to until May 24, 2010 at 9:00 a.m. The Court finds that the ends of justice served by the requested continuance outweigh the best interests 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 time be excluded pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4 from the date of the parties' stipulation, April 22, 2010, until May 24, 2010.

IT IS SO ORDERED.


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