IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 12, 2012
UNITED STATES OF AMERICA,
JOSE OLIVERA ZAPIEN, ET.AL.
BENJAMIN B. WAGNER United States Attorney HEIKO P. COPPOLA Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2770
STIPULATION AND [PROPOSED] ) ORDER TO EXCLUDE TIME
The parties request that the status conference in this case be continued from March 5, 2012 to May 21, 2012 at 9:30 a.m. They stipulate that the time between March 5, 2012 and May 15, 2012 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
18 U.S.C. § 3161(h)(7)(B)(iv)and Local Code T-4. Well over 3000 pages of discovery and 80 CD's containing video, audio recordings and photographs have been provided to the defense counsel to date. Plea agreements have been provided by the government to defendants Zapien, Suarez, Alvarez, Lara, and Jose Moreno Gutierrez. Defendant Lara has accepted the government's offer but because of various scheduling concerns will need some additional time to prepare for the change of plea hearing on April 9, 2012. Because of the length of the potential sentences and the various guideline variables, defense counsel in the Zapien, Suarez, Alvarez and Jose Moreno Gutierrez matters need additional time to review the matters with their clients, review the discovery already provided in support of those guideline calculations and preparation for the change of plea hearing.
An agreement in principle has been reached between the government and defendant Fernandez, however, additional time is needed to obtain supervisor approval for the proposed plea agreement and for defense counsel to then review the plea agreements with his client, review the discovery already provided in support of the proposed guideline variables and prepare for the change of plea hearing.
The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
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