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United States v. Ramos

United States District Court, Ninth Circuit

May 24, 2013

UNITED STATES OF AMERICA,
v.
DANIEL RAMOS, Defendant.

MELINDA HAAG (CABN 44332), United States Attorney, MIRANDA KANE (CABN 163973), Chief, Criminal Division, NATALIE LEE (CABN 277362), Assistant United States Attorney LAUREL L. HEADLEY Assistant United States Attorney, San Francisco, California, Attorneys for the United States of America.

STIPULATED REQUEST TO CONTINUE STATUS HEARING TO JUNE 27, 2013

YVONNE GONZALEZ ROGERS, District Judge.

The above-captioned matter is set on June 6, 2013 at 2:00 p.m. before this Court for a status hearing. Defense counsel Ned Smock recently learned that the Federal Public Defender's Office had a conflict in the instant case, and, on May 14, 2013, Mr. Smock was relieved from representing the defendant and replaced by new counsel, Laurel Headley. On that same date, counsel for the government and Ms. Headley spoke over the telephone to ensure that Ms. Headley would have all of the discovery which consists of numerous reports, audio and video recordings, photographs, and other items. The parties now request that the status hearing previously scheduled for June 6, 2013 be continued to June 27, 2013 in order to give new defense counsel sufficient time to review all of the discovery in this case for which she was just recently appointed. This is the first request for a continuance since Ms. Headley was appointed to represent the defendant.

The Court has previously excluded the running of the speedy trial clock for effective preparation of counsel, 18 U.S.C. § 3161(h)(7)(B)(iv), through June 6, 2013. Therefore, the parties now request that the time between June 6, 2103 and June 27, 2013 be excluded from the running of the speedy trial clock for that same reason - effective preparation of counsel, 18 U.S.C. § 3161(h)(7)(B)(iv). The parties agree that, taking into account the public interest in prompt disposition of criminal cases, good cause exists for this continuance, especially in light of the fact that new defense counsel was just recently appointed. The parties also agree that the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

For the reasons stated above, the status hearing in this matter is continued until June 27, 2013. The Court finds that the exclusion of time from June 6, 2013 through June 27, 2013 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161 (h)(7)(A). The failure to grant the requested continuance would deny the defendant effective preparation of counsel. 18 U.S.C. § 3161(h)(7)(B)(iv).

SO ORDERED.


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