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United States v. Baez

United States District Court, Ninth Circuit

May 1, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
NOEMI RUBIO BAEZ, a/k/a Noemi Carrillo Rubio, Yesenia Carrillo Pulido, Noemi Carrillo Pena, Noemi Rubio Pena, and Mimi, and KATHRYN DARLENE CORYELL, a/k/a Kathryn Darlene Leckbee, and Kat, Defendants.

MELINDA HAAG (CAB 132612), United States Attorney, MIRANDA KANE (CAB 150630), Chief, Criminal Division, CHARLES A. O'REILLY (CAB 160980), ERIN S. MELLEN (VAB 70319), Trial Attorney San Francisco, California, Email: Charles.A.O'Reilly@usdoj.gov, Attorneys for the United States of America.

DIANA A. GARRIDO, Counsel for Kathryn Darlene Coryell.

BRUCE C. FUNK Counsel for Noemi Rubio Baez.

STIPULATION AND [] ORDER CONTINUING HEARING DATE, WAIVING DEFENDANT KATHRYN CORYELL'S PERSONAL APPEARANCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

D. LOWELL JENSEN, District Judge.

The United States, represented by United States Attorney Melinda Haag, and by Trial Attorneys Charles A. O'Reilly and Erin Mellen, and the defendant, Kathryn Darlene Coryell, represented by Assistant Federal Public Defender Diana A. Garrido, and the defendant, Noemi Rubio Baez, represented by Bruce C. Funk, hereby stipulate that, with the Court's approval, the status conference currently set for Thursday, May 2, 2013 at 9:00 a.m., shall be continued to Thursday, June 6, 2013 at 9:00 a.m. The parties further stipulate that, with the Court's approval, Ms. Coryell's personal appearance be waived at the status conference set for Thursday, June 6, 2013. Assistant Federal Public Defender Diana Garrido hereby agrees to notify Ms. Coryell of any future court dates at which Ms. Coryell must appear.

The continuance is requested to provide both defense counsel and the government with additional time to review discovery and negotiate an appropriate resolution. The continuance would provide all parties with the reasonable time necessary for effective preparation. Accordingly, both parties respectfully request that the time between May 2, 2013 and June 6, 2013 be excluded under the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).

ORDER

Pursuant to agreement and stipulation of the parties, the Court HEREBY ORDERS that the time between May 2, 2013 and June 6, 2013 is excluded under the Speedy Trial Act, 18 U.S.C. §3161. The Court finds, pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), that the failure to grant the requested continuance would unreasonably deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Furthermore, the Court finds that the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendants in a speedy trial. The Court therefore concludes that this exclusion of time should be made under

Also pursuant to the agreement and stipulation of the parties, the Court also HEREBY ORDERS that Kathryn Darlene Coryell need not personally appear at the June 6, 2013 status conference.

IT IS SO ORDERED.


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