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United States of America v. Joseph Cuellar

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


July 14, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JOSEPH CUELLAR, ET AL.,
DEFENDANT.

The opinion of the court was delivered by: Judge: Oliver W. Wanger

DANIEL J. BRODERICK, Bar #89424 Federal Defender FRANCINE ZEPEDA, Bar #091175 Assistant Federal Defender Designated Counsel for Service JEREMY KROGER, Bar #258956 Assistant Federal Defender 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant RUDOLPH BUENDIA, III

DEFENDANT'S STIPULATION TO RESET MOTIONS SCHEDULE AND HEARING, AND ORDER

DATE: September 6, 2011

TIME: 1:30 p.m.

IT IS HEREBY STIPULATED and agreed by the parties, through their respective undersigned counsel, that:

1. The presently set August 22, 2011, motions hearing date shall be continued by two weeks to September 6, 2011, at 1:30 p.m. Accompanying filing deadlines shall similarly be continued by two weeks.

2. This case is unusual and complex based on the voluminous discovery involved in this case and it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in the Speedy Trial Act, 18 U.S.C. § 3161.

3. The continuance requested herein is necessary to provide defense counsel reasonable time to prepare their respective clients' defenses taking into account due diligence within the meaning of the Speedy Trial Act.

4. Time from the date of this stipulation, July 11, 2011, to and including the motions hearing date, September 6, 2011, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(ii) and (iv), and Local Codes T2 (unusual and complex case) and T4 (reasonable time for defense counsel to prepare).

ORDER

The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that this case is unusual and complex and that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161. In addition, the Court specifically finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendants in a speedy trial.

The Court orders that the time from the date of the parties' stipulation, July 11, 2011, to and including September 6, 2011, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(ii) and (iv), and Local Codes T2 (unusual and complex case) and T4 (reasonable time for defense counsel to prepare). It is further ordered that the August 22, 2011, motions hearing date shall be continued to September 6, 2011, at 1:30 p.m.

IT IS SO ORDERED.

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

20110714

© 1992-2011 VersusLaw Inc.



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