The opinion of the court was delivered by: Hon. William B. Shubb
STIPULATION AND [PROPOSED] ORDER
CONTINUING STATUS DATE; DECLARATION OF COUNSEL
Date: October 17, 2011
Time: 10:00 a.m.
Counsel for the government and defendant respectfully submit this Stipulation and [Proposed] Order requesting that the October 17, 2011 Status date in this matter be continued to December 12, 2011. Counsel agree and stipulate that defense counsel has requested additional discovery from the prosecution, the prosecution is trying to get it, and defense counsel needs additional time to review it and then discuss the case with defendant.
Counsel further stipulate to the exclusion of time under the Speedy Trial Act from the date of this Order until December 12, 2011. 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.
Date: October 11, 2011 /s/ Daniel S. McConkie Assistant United States Attorney Date: October 11, 2011 /s/ Brian J. Petersen Attorney for Defendant JOSE PINEDA-MENDOZA
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 JOSE PINEDA-MENDOZA ("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. I filed a Substitution of Attorneys in this matter on September 4, 2011, which was approved by the Court shortly thereafter. Around the same time, by stipulation counsel for the government and myself continued the status date until October 17, 2011.
2. Since then, I obtained and reviewed all of the discovery and met with my client and an interpreter to discuss it. On September 28, 2011, I requested some additional evidence from AUSA Daniel McConkie, and he informed me today that he is still trying to get it for me, if it exists.
3. Mr. McConkie and I have agreed to postpone the next status conference date from October 17, 2011 to December 12, 2011. Mr. McConkie agreed to the new date and informed me that I could "sign" this Stipulation on his behalf.
4. On October 4, 2011, I informed defendant that we would be asking to continue the status date from October 17, 2011 until after Thanksgiving. He wants me to have enough time to ...