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United States v. Zapien

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


November 23, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE OLIVERA ZAPIEN, ET.AL. DEFENDANT.

STIPULATION AND [PROPOSED] ORDER TO EXCLUDE TIME

The parties request that the status conference in this case be continued from November 29, 2010 to January 31, 2011 at 8:30 a.m. They stipulate that the time between November 29, 2010 and January 31, 2011 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv)and Local Code T-4. Specifically, all defense counsel need additional time to review the discovery provided and investigate the case. Well over 1000 pages of discovery and 80 CD's containing video, audio recordings and photographs have been provided to the defense counsel to date. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

SO ORDERED.

20101123

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