The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill
DANIEL J. BRODERICK, #89424 Federal Defender CHARLES J. LEE, Bar #221057 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant HECTOR CASAS-MONTEJANO
STIPULATION TO CONTINUE STATUS
CONFERENCE HEARING; ORDER
Date: March 12, 2012
Time: 8:30 A.M.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Ian Garriques, Assistant United States Attorney, counsel for Plaintiff, and Charles J. Lee, Assistant Federal Defender, counsel for Defendant Hector Casas-Montejano, that the status conference in the above-referenced matter now set for January 30, 2012, may be continued to March 12, 2012 at 8:30 A.M.
This continuance is requested by both counsel to facilitate discovery obligations, investigation, and ongoing plea negotiations. At the last status conference, defense counsel informed the court it needed to comply with the "Touhy" regulations and serve the Assistant Attorney General in Washington D.C. with a request to speak with three particular government agents. AUSA Garriques has informed me Touhy permission has been granted as to one witness, but we are waiting to hear if the request will be granted as to the other two. Additionally, AUSA Garriques has provided additional discovery/Brady information which the defense needs to investigate and based on this new information defense needs to make an additional Touhy request. Finally, the parties are in continued plea negotiations. The requested continuance will conserve time and resources for the parties and the court.
The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for effective defense preparation, for continuing plea negotiations, and for continuity of counsel pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv).
ORDER IT IS SO ORDERED. Time is excluded for the reasons set for above pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv).
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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