IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 24, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
ALFREDO DELTORO, DAVID AVILA SANDOVAL, GERARDO ALCALA, ISRAEL DELTORO-LOZA, AND TOMAS SOTELO,
BENJAMIN B. WAGNER United States Attorney TODD D. LERAS Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2918
ORDER VACATING TRIAL DATE AND SETTING STATUS CONFERENCE
This matter came before the Court for a trial confirmation hearing on August 7, 2012, at 9:15 a.m. The United States was represented by Assistant United States Attorney Todd D. Leras. Defendants were personally present. Assistant Federal Defender Caro Marks appeared for Defendant Alfredo Deltoro, Attorney Michael Hansen appeared for Defendant Avila-Sandoval, Attorney Michael Bigelow appeared for Defendant Alcala, Attorney Kyle Knapp appeared for Defendant Sotelo and also appeared on behalf of Attorney Clemente Jimenez for Defendant Israel Deltoro-Loza, with Defendant Deltoro-Loza's permission.
The parties informed the Court that they desired to vacate the trial date based on settlement discussions and the need for potential replacement of Caro Marks as counsel of record for Defendant Alfredo Deltoro in light of her resignation from the Federal Defender's Office. All defendants agreed to vacate the August 28 trial date and set a status conference in its place on August 28, 2012, at 9:15 a.m.
The Court ordered the August 28 trial date vacated and a status conference set for August 28, 2012, at 9:15 a.m. The Court further ordered that time be excluded under 18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4 (reasonable time to prepare and continuity of counsel). The Court directed government counsel to prepare a formal order.
IT IS HEREBY ORDERED:
1. The trial date of August 28 is vacated;
2. A status conference is set for August 28, 2012, at 9:15 a.m.; and
3. Based on the parties' representations, the Court finds that the ends of justice outweigh the best interest of the public and Defendants in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded through August 28, 2012.
IT IS SO ORDERED
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