IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 12, 2012
UNITED STATES OF AMERICA,
RAUL OJEDA, ET AL.,
The opinion of the court was delivered by: Judge: Honorable Anthony W. Ishii
DANIEL J. BRODERICK, #89424 Federal Defender VICTOR M. CHAVEZ, Bar #113752 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant RAUL OJEDA
STIPULATION RESCHEDULING TRIAL
DATE; AND ORDER
DATE: August 28, 2012 TIME: 8:30 A.M.
Defendant Raul Ojeda by and through his counsel, Assistant Federal Defender Victor M. Chavez has proposed that the trial presently set to commence on May 15, 2012 be reset to August 28, 2012 at 8:30 A.M., and trial confirmation to August 21, 2012, at 10:00 A.M. The United States by Assistant U.S. Attorney Elana Landau, and Defendant Daniel Diaz, by his counsel Mark W. Coleman, have agreed to this stipulation.
The reason for this Stipulation is that Defendant Raul Ojeda needs additional time to consult with an expert concerning certain evidence. This issue was recognized by Mr. Ojeda's counsel on April 9, 2012. Since that time counsel has conferred with a potential expert and with the parties to this case. Counsel for Mr. Ojeda believes that such forensic consultation is necessary to presentation of an adequate defense in his case. Defendant Ojeda believes that resetting the trial date is in the interests of justice as it will allow the defense to address an oversight in its preparation of the defense. Such forensic consultation may itself facilitate a resolution of the case. It will also permit the parties to complete their plea negotiations.
The parties agree and stipulate as follows:
1. The present trial date of May 15, 2012 may be vacated and a new trial date may be set for August 28, 2012 at 8:30 A.M., with trial confirmation on August 21, 2012 at 10:00 A.M.
2. The purpose of this stipulation is to permit Defendant Ojeda to complete all forensic examination and consultation necessary to an adequate defense. The time period from the filing of this stipulation to the new trial date on August 28, 2012 is excludable under 18 U.S.C. § 3161(h)(7)(B)(iv) and that the interests of justice served by granting this stipulation outweigh the best interests of the public and the defendants in a speedy trial, 18 U.S.C. § 3161(h)(7)(A).
IT IS SO ORDERED.
CHIEF UNITED STATES DISTRICT JUDGE
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