MICHAEL B. BIGELOW Attorney at Law - SBN 65211 331 J Street, Suite 200 Sacramento, California 95814 Telephone: (916) 443-0217 Email: LawOffice.email@example.com Attorney for Defendant Gerardo Alcala
MODIFIED STIPULATION CONTINUING STATUS CONFERANCE ORDER
IT IS HEREBY stipulated between the United States of America through its undersigned counsel, together with counsel for all named defendants in the above referenced matter that the status conference presently set for December 20, 2011 be continued to March 27, 2012, 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, March 27, 2012. This continuance is requested because this is a wire-tap case, the large number of defendants and the amount of discovery. The audio files numbering in excess of 2,000 calls and related summaries of those calls were received in discovery in May of 2011. Thereafter, on December 9, 2011, the government provided the pen-register data identifying 140,000 calls (the government's count) between the various participants. In addition, on December 14, 2011 defense counsel met with the government and reviewed exhibits seized from various locations during the investigation of this matter pursuant to search warrant. The government has agreed to copy many of the exhibits and all of the photographs in this matter in addition to a surveillance video. In addition, the government has agreed to provide copies of the search warrants for the various properties, applications, and supporting statements of probable cause for each, as well as the search warrant returns for each. The government has also agreed to provide all wire-tap applications, orders and related documents.
All of the forgoing 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,
IT IS ORDERED THAT: Pursuant to stipulation by all parties the Status Conference in the above referenced matter, presently set for December 20, 2011 is rescheduled for March 27, 2012 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, March 27, 2012. 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.
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