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United States v. Galvan

United States District Court, Ninth Circuit

May 8, 2013

UNITED STATES OF AMERICA Plaintiff,
v.
ALEJANDRO MUNOZ GALVAN, GERARDO CARDENAS, and ALEJANDRO PANTOJA SOLORIO, Defendants.

BENJAMIN B. WAGNER, United States Attorney, TODD D. LERAS, Assistant U.S. Attorney, Sacramento, CA.

ERIN RADEKIN, Attorney for Defendant, ALEJANDRO MUNOZ GALVAN, SHARI RUSK, Attorney for Defendant, GERARDO CARDENAS, MICHAEL BIGELOW, Attorney for Defendant, ALEJANDRO PANTOJA SOLORIO.

STIPULATION AND ORDER CONTINUING STATUS CONFERENCE

TROY L. NUNLEY, District Judge.

The United States of America, through Assistant United States Attorney Todd D. Leras, and Attorney Erin Radekin on behalf of Alejandro Galvan, Attorney Shari Rusk on behalf of Gerardo Cardenas, and Attorney Michael Bigelow on behalf of Alejandro Pantoja Solorio, stipulate and agree to set this matter for a Status Conference on June 6, 2013, at 9:30 a.m.

On April 4, 2013, the Honorable Morrison C. England, Jr., Chief Judge for the United States District Court, Eastern District of California, issued an Order reassigning this case to newly-appointed United States District Court Judge Troy L. Nunley. The matter had previously been assigned to United States District Judge Garland E. Burrell, Jr., and scheduled for a status conference on May 3, 2013.

The parties are requesting that the Court continue the status conference to June 6, 2013. The case involves an alleged methamphetamine distribution conspiracy. Defense counsel are conducting investigation related to matters alleged to have occurred during the conspiracy. These matters may have an impact on applicable sentencing guidelines. In light of re-assignment of the case and the need to complete investigation, all parties request that time be excluded pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) - Local Code T-4 (attorney preparation and continuity of counsel). The parties agree to an exclusion of time for the reasons stated above for the period from May 3, 2013 up to and including June 6, 2013.

Defense counsel have authorized Assistant U.S. Attorney Todd Leras to sign this stipulation on their behalf.

ORDER

A status conference is set in this matter for June 6, 2013, at 9:30 a.m. Based on the representations of the parties, the Court finds that the ends of justice served by granting the continuance outweigh the best interest of the public and the defendants in a speedy trial. Time under the Speedy Trial Act shall be excluded under 18 U.S.C. § 3161(h)(7)(B)(4) and Local Code T-4 up to and including the period from May 3, 2013 to June 6, 2013.


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