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United States of America v. Gerardo Alcala

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 19, 2011

UNITED STATES OF AMERICA PLAINTIFF
v.
GERARDO ALCALA, ET. AL.,
DEFENDANT

MICHAEL B. BIGELOW Attorney at Law - SBN 65211 331 J Street, Suite 200 Sacramento, California 95814 Telephone: (916) 443-0217 Email: LawOffice.mbigelow@gmail.com Attorney for Defendant Gerardo Alcala

STIPULATION CONTINUING STATUS CONFERANCE

ORDER

IT IS HEREBY stipulated between the United States of America through its undersigned counsel, together with counsel for all defendants in the above referenced matter that the status conference presently set for September 20, 2011 be continued to December 20, 2011, at 9:15 a.m., thus vacating the presently set status conference.

Counsel for the parties agree that this is an appropriate exclusion of time within the meaning of Title 18, United States Code§ 3161(h)(8)(B)(iv) (continuity of counsel/reasonable time for effective preparation) and Local Code T4, and agree to exclude time from the date of the filing of the order until the date of new the status conference, December 20, 2011.

This continuance is requested because this is a wire-tap case, the large number of defendants and the amount of discovery. There are audio files numbering approximately 2,000 and related transcripts, all of which supports the compleX nature of the case and the need for time for all counsel to effectively prepare. It is agreed as well that the ends of justice are served by granting the requested continuance and outweigh the best interest in the public and the defendants in a speedy trial.

Respectfully submitted,

ORDER

IT IS ORDERED THAT: Pursuant to stipulation by all parties the Status Conference in the above referenced matter, presently set for September 20, 2011 is rescheduled for December 20, 2011 at 9:15 AM. It is also agreed by the parties that time should be excluded for continuity of counsel and reasonable time for effective preparation and complexity within the meaning of the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), and Local Codes T2 and T4, from the date of the filing of the order until the date of new the status conference, December 20, 2011. The Court specifically finds that the number of defendants and the amount of discovery in this wire-tap case, with audio files numbering approximately 2,000 and related transcripts, supports the complex nature of the case and the need for time for all counsel to effectively prepare. The Court also finds that the ends of justice are served by granting the requested continuance and outweigh the best interest in the public and the defendants in a speedy trial.

IT IS SO ORDERED

20110919

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