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United States of America v. Gauldry T. Almonte-Hernandez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 2, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
GAULDRY T. ALMONTE-HERNANDEZ,
DEFENDANT

The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell, Jr.

DANIEL J. BRODERICK, Bar #89424 Federal Defender JEFFREY L. STANIELS, Bar #91413 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant GAULDRY T. ALMONTE-HERNANDEZ

AMENDED STIPULATION AND [PROPOSED] ORDER CONTINUING CASE Date: March 2, 2012 Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between Assistant United States Attorney Heiko P. Coppola, counsel for Plaintiff, and Assistant Federal Defender Jeffrey Staniels, counsel for defendant GAULDRY T. ALMONTE-HERNANDEZ, that the status conference scheduled for March 2, 2012, be vacated and the matter continued until May 18, 2012, for further status conference at the request of the defense.

The reason for the continuance is to complete consultations with Mr. Almonte on options presented to him yesterday, January 11, 2012, to resolve this case. The date selected also accounts for the logistics of conferring with Mr. Almonte-Hernandez who is being held at the Butte County Jail, and who requires the services of an interpreter, and to the temporary unavailability of government counsel due to military commitments. Given the status of negotiations between the parties current government counsel is an essential participant in completions of efforts to resolve the case without trial. It is defense counsel's specific request that a continuance sufficient to allow Mr. Coppola to remain involved in negotiations be granted.

IT IS FURTHER STIPULATED that time for trial under the Speedy Trial Act be excluded between February 10, 2012, and May 18, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv), Local Code T-4 (time to prepare). The February start date is specifically requested in order to document a waiver of time previously agreed to by the defense that is not currently reflected in the dockets.

IT IS SO STIPULATED.

ORDER

The above stipulation of the parties is accepted. The status conference set for March 2, 2012, is VACATED. This case is ordered to be re-calendared on May 18, 2012, for status conference.

The court finds, based on the reasons stated above, that the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial. Based on the representations of defense counsel time is excluded from February 10, 2012 through and including May 18, 2012.

IT IS SO ORDERED.

GARLAND E. BURRELL, JR. United States District Judge

20120302

© 1992-2012 VersusLaw Inc.



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