IN THE UNITED STATES DISTRICT COURT IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA
February 7, 2011
UNITED STATES OF AMERICA,
ALEX ZAVALA-TAPIA, ET AL., DEFENDANTS.
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 Robert Forkner and United States of America, by and through Samuel Wong, Assistant United States Attorney, that the Tuesday, February 8, 2011 evidence hearing be vacated and a status conference be scheduled for Tuesday, February 14, 2011, at 8:30 a.m.
This case involves serious drugs and firearms charges with a possible maximum life sentence. New discovery is forthcoming. Parties seek to continue this hearing to allow both defense counsel and the government to review the new discovery and prepare for the evidence hearing to be reset.
It is further stipulated that the period from the date of this stipulation, February 4, 2011, through and including February 14, 2011, 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.
Respectfully submitted, Dated: February 4, 2011 DWIGHT M. SAMUEL Attorney for Defendant, Norman A. Mike
Dated: February 4, 2011 GILBERT ROQUE*fn1 Attorney for Defendant, Jose Mendoza-Garcia
Dated: February 7, 2011 ROBERT L. FORKNER*fn2 Attorney for Defendant, Miguel Abundez
Mosqueda Dated: February 4, 2011 BENJAMIN D. GALLOWAY*fn3 Attorney for Defendant, Alex Zavala-Tapia
Dated: February 4, 2011 BENJAMIN B. WAGNER United States Attorney By: SAMUEL WONG *fn4 Assistant United States Attorney
The Court having received, read, and considered the parties' stipulation, and GOOD CAUSE APPEARING therefrom, it is hereby ordered that the February 4, 2011, evidence hearing be vacated and status conference be set on February14, 2010 at 8:30 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, February 4, 2011, until February 14, 2011.
IT IS SO ORDERED.