BENJAMIN B. WAGNER United States Attorney MICHAEL D. McCOY Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700
STIPULATION AND [PROPOSED] ORDER CONTINUING PRELIMINARY HEARING AND EXCLUDING TIME
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Michael D. McCoy, counsel for the plaintiff United States of America, defendant Thomas Jaime OROZCO, by and through his counsel Jeffrey L. Staniels, defendant Jeffrey Lewis LAMENDOLA, by and through his counsel Dan F. Koukal, and defendant Vincent Joseph CAMARILLO, by and through his counsel Timothy E. Warriner, that good cause exists to extend the preliminary hearing currently set for December 14, 2012, at 2:00 p.m., to January 7, 2013, pursuant to Federal Rule of Criminal Procedure 5.1(d).
On November 28, 2012, the defendants were charged by Criminal Complaint with various drug offenses, including conspiracy to possess with intent to distribute at least 50 grams (actual) of Methamphetamine, a Schedule II Controlled Substance, in violation of 21 U.S.C. §§ 846 and 841(a)(1), and distribution of at least 50 grams (actual) of Methamphetamine, in violation of 21 U.S.C. § 841(a)(1). On November 30, 2012, the defendants appeared in front of Magistrate Judge Edmund F. Brennan for their initial appearance. At the initial appearance, Magistrate Judge Brennan set the preliminary hearing for December 14, 2012.
The Government expects to be able to provide the defendants with an initial production of discovery within the next five days. This initial production of discovery is likely to consist of approximately 500 pages of material. Once provided, all parties will need time to review the discovery with their clients and prepare for the preliminary hearing. The parties may also need time to consider a pre-indictment resolution of this matter. Because of this, good cause exists to extend the time for the preliminary hearing within the meaning of Rule 5.1(d).
The parties further stipulate that the ends of justice are served by the Court excluding time from December 14, 2012, to January 7, 2013, so that counsel for the defendants 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). Specifically, the defense agrees that it needs additional time to review the large amount of discovery that will be produced, effectively evaluate the posture of the case, and consider a possible pre-indictment resolution to this matter. For these reasons, the defendants, defense counsel, and the government stipulate and agree that the ends of justice outweigh the best interest of the public and the defendants in a speedy trial.
18 U.S.C. § 3161(h)(7)(A); Local Code T4.
Based upon the representations by counsel and the stipulation of the parties, IT IS HEREBY ORDERED that:
1. The Court finds good cause to extend the Preliminary Hearing in United States v. OROZCO et al, Case No. 2:12-mj-00318 KJN, from December 14, 2012, to January 7, 2013, at 2:00 p.m. pursuant to Federal Rule of Criminal Procedure 5.1(d);
2. Based upon the representations and stipulation of the parties, the court finds that the time exclusion under 18 U.S.C. § 3161(h)(7)(A) and Local Code T4 applies and the ends of justice outweigh the best interest of the public and the defendants in a speedy trial based upon the factors set forth in 18 U.S.C. § 3161(h)(7)(B)(iv). Accordingly, time under the Speedy Trial Act shall be excluded from December 14, 2012, up to and including January 7, 2013.
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