BENJAMIN B. WAGNER United States Attorney JASON HITT Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2751
STIPULATION AND [PROPOSED] ORDER CONTINUING PRELIMINARY HEARING AND EXCLUDING TIME
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Jason Hitt, counsel for the plaintiff United States of America, and defendant Omar VERA, by and through his counsel Michael Petrik, Esq., defendant Jose MORALES-CASTELLON, by and through his counsel Kyle Knapp, Esq., defendant Jose ANAYA, by and through his counsel Michael Hansen, Esq., and defendant Eduardo REYES, by and through his counsel Ron Peters, Esq., that good cause exists to extend the preliminary hearing currently set for February 11, 2013, at 2:00 p.m. to February 19, 2013, pursuant to Federal Rule of Criminal Procedure 5.1(d).
Good cause exists to extend the time for the preliminary hearing within meaning of Rule 5.1(d) because each defendant has been provided initial discovery, including audio and video evidence, as well as written reports from meetings alleged in the Criminal Complaint. For these reasons, the defendant agrees that a continuance of the preliminary hearing date will not prejudice them.
The parties further stipulate that the ends of justice are served by the Court excluding time from February 11, 2013, to February 19, 2013, so that counsel for each defendant may have reasonable time necessary for effective preparation of the defense, 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 discovery and engage in discussions with the government regarding possible resolution of the case against each defendant, effectively evaluate the posture of the case, and conduct further investigation into mitigation of the each defendant's federal sentencing exposure. Id. For these reasons, each defendant and their defense counsel, as well as the government stipulate and agree that the ends of justice outweigh the best interest of the public and the defendant 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. Vera, et al., Mag. No. 2:13-mj-0021 EFB, from February 11, 2013, to February 19, 2013, at 2:00 p.m. pursuant to Federal Rule of Criminal Procedure 5.1(d); and
2. Based upon the representations and stipulation of the parties, the court finds that the time exclusion under 18 U.S.C.
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 defendant 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 February 11, 2013, up to and including February 19, 2013.
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