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United States of America v. Luis Orozco

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA


February 29, 2012

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LUIS OROZCO, ET AL., DEFENDANTS.

The opinion of the court was delivered by: The Honorable Gary A. Feess United States District Judge

ORDER SEVERING CERTAIN DEFENDANTS FOR TRIAL AND SETTING TRIAL DATE, AND FINDINGS REGARDING EXCLUDABLE TIME PERIODS PURSUANT TO SPEEDY TRIAL ACT TRIAL DATE: November 6, 2012

The trial in this matter is currently set for April 17, 2012. Having considered the files and record in this matter, the discussions with counsel at the February 28, 2012 Status Conference, and the waivers by defendants Rigoberto Villasenor (#2), Jose Villasenor (#3), George Bustamante, Sr. (#4), Lorenzo Gonzalez (#5), Alfredo Revelez (#9), Reinaldo Resendez (#25), Frank Mariscal (#26), Osvaldo Aguirra (#27), Manuel Flores (#28), Jorge Medina (#29), and Johnny Phillips (#44) of their rights under the Speedy Trial Act, 18 U.S.C. § 3161, upon inquiry by the Court at the February 28, 2012 Status Conference, the Court finds that the interests of justice are best served by severing these defendants for trial and continuing the trial date as to these defendants to November 6, 2012. The Court finds that the record demonstrates facts which provide good cause for findings of excludable time pursuant to the Speedy Trial Act and that no defendant has objected to their severance and the continuance of the trial.*fn1

Accordingly, defendants Rigoberto Villasenor (#2), Jose Villasenor (#3), George Bustamante, Sr. (#4), Lorenzo Gonzalez (#5), Alfredo Revelez (#9), Reinaldo Resendez (#25), Frank Mariscal (#26), Osvaldo Aguirra (#27), Manuel Flores (#28), Jorge Medina (#29), and Johnny Phillips (#44), shall be severed from the remaining defendants in this case and the trial as to these defendants is continued to November 6, 2012. The Court finds that, as to these defendants: (i) the ends of justice served by the continuance outweigh the best interest of the public and defendant in a speedy trial; (ii) failure to grant the continuance would be likely to make a continuation of the proceeding impossible, or result in a miscarriage of justice; (iii) the case is so unusual and so complex due to the nature of the prosecution and the number of defendants that it is unreasonable to expect preparation for pre-trial proceedings or for the trial itself within the time limits established by the Speedy Trial Act; and (iv) failure to grant the continuance would unreasonably deny defendants continuity of counsel and would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court further finds that examinations to determine the mental competency and physical capacity of defendant Bustamante are required and also justify the continuance of the trial date. THEREFORE, FOR GOOD CAUSE SHOWN:

1. Defendants Rigoberto Villasenor (#2), Jose Villasenor (#3), George Bustamante, Sr. (#4), Lorenzo Gonzalez (#5), Alfredo Revelez (#9), Reinaldo Resendez (#25), Frank Mariscal (#26), Osvaldo Aguirra (#27), Manuel Flores (#28), Jorge Medina (#29), and Johnny Phillips (#44) are ordered severed from the remaining defendants in this case and the trial as to these defendants is set for November 6, 2012, at 9:00 a.m.

2. The time period of April 17, 2012, to November 6, 2012, inclusive, is excluded in computing the time within which the trial must commence as to these defendants, pursuant to 18 U.S.C. §§ 3161(h)(1)(A), 3161(h)(7)(A), (h)(7)(B)(i), (h)(7)(B)(ii), and (h)(7)(B)(iv). 3. Nothing in this Order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excluded from the period within which trial must commence. Moreover, the same provisions and/or other provisions of the Speedy Trial Act may in the future authorize the exclusion of additional time periods from the period within which trial must commence.

IT IS SO ORDERED.

Presented by: /s/ ARIEL A. NEUMAN JUSTIN R. RHOADES JENNIE L. WANG Assistant United States Attorney


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