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United States of America v. Blanca Silva
December 6, 2012
UNITED STATES OF AMERICA,
BLANCA SILVA, DEFENDANT.
ORDER FOLLOWING STATUS CONFERENCE AND EXCLUDING TIME
The Court held a status conference in this case on October 2, 2012. Assistant United States Attorney Jason Hitt appeared on behalf of the United States of America and appointed counsel Clemente Jimenez, Esq., appeared on behalf of defendant Blanca SILVA. The defendant was present in custody using the Spanish-language interpreter.
During the hearing, counsel for the defendant requested a continuance of the case in order to provide Mr. Jimenez additional time to review considerable discovery in this case and recent discovery produced in response to a defense request. In addition, the government provided a written plea agreement prior to the next court appearance and defense counsel would need additional time to review the agreement and discuss it with his client. The Court granted the request of the parties and ordered the matter be placed on calendar on December 11, 2012, at 9:15 a.m. for further status conference. The Court further found that the time between October 2, 2012, and December 11, 2012, should be excluded from calculation of the Speedy Trial Act because Mr. Jimenez has proposed a counteroffer to the United States and the parties are jointly working on mitigation of the defendant's sentencing exposure in this case through a negotiated plea. The Court therefore found that time between November 14, 2012, and December 11, 2012, should be excluded under the Speedy Trial Act because the ends of justice are served by the Court excluding such time, and agreed that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial so that Mr. Jimenez could have reasonable time to prepare an effective defense in this case, taking into account the exercise of due diligence the in the interests of justice under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4.
Therefore, IT IS HEREBY ORDERED that:
(1) A further status conference in this case is set for December 11, 2012, at 9:15 a.m.; and
(2) Time is excluded from calculation under the Speedy Trial Act up to, and including, December 11, 2012, at 9:15 a.m. because the interests of justice are served by granting this continuance and outweigh the best interests of the public and the defendant in a speedy trial under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4.
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