The opinion of the court was delivered by: Hon. Edward J. Garcia
STIPULATION AND] ORDER CONTINUING STATUS DATE; DECLARATION OF COUNSEL Date: September 3, 2010 Time: 10:00 a.m. Courtroom 8
Counsel for the government and defendant respectfully submit this Stipulation and [Proposed] Order requesting that the September 3, 2010 Status date in this matter be continued to October 1, 2010. Counsel agree and stipulate that the government has produced about 700 pages of discovery in this matter, that counsel for the government and defendant are engaged in settlement negotiations, and that counsel for defendant was unavailable on vacation for most of August, 2010.
Counsel further stipulate to the exclusion of time under the Speedy Trial Act from the date of this Order until October 1, 2010. Exclusion of time is proper pursuant to 18 U.S.C. 3161(h)(8)(A) and (B) and local code T4 because the requested continuance is intended to allow the defense additional time to prepare its case, thereby ensuring effective assistance of counsel.
DECLARATION OF BRIAN J. PETERSEN
I am an attorney at law, licensed to practice before all courts of the State of California, and I have been retained by defendant herein ENRIQUE FONSECA MARTINEZ ("defendant"). I make this declaration from facts within my own personal knowledge, except where stated on information and belief, in which case I believe the facts stated to be true. If called to testify in this matter, I could and would do so competently.
1. Assistant United States Attorney Michael D. Anderson has provided me with about 700 pages of discovery in this matter, which I am still reviewing.
2. I was on vacation, out of state, from July 24, 2010 until about August 24, 2010.
3. Mr. Anderson and I are engaged in settlement negotiations. While I was on vacation, Mr. Anderson emailed me a settlement proposal. I responded with a counterproposal on August 28, 2010, and we have continued to correspond since then about it.
4. Part of these discussions also involve current, ongoing efforts by defendant to lift an immigration hold presently in place. Such efforts may lead to a review of defendant's custody status on this case and may also affect the settlement negotiations.
5. Mr. Anderson and I have agreed for those reasons to request and stipulate that the September 3, 2010 status date be continued until October 1, 2010, which date I have been informed is available on the Court's calendar.
6. Mr. Anderson has already approved of the new date, and that I can "sign" this Stipulation for him.
I declare under penalty of perjury pursuant to California law, that the foregoing is true and correct, except as to matters I allege based on information and belief, and as to those matters, I believe them to be true. This declaration was executed at San Francisco, California, on the date indicated below.
Based on the above Stipulation, and good ...