BENJAMIN B. WAGNER, United States Attorney, HENRY Z. CARBAJAL III, Assistant United States Attorney, Fresno, CA. Attorneys for the United States of America.
VICTOR M. CHAVEZ, Counsel for Defendant, JOSE ANTONIO HERNANDEZ,
CARL M. FALLER, Counsel for Defendant, GENARO VELA-RODRIGUEZ
STIPULATION TO CONTINUE STATUS CONFERENCE; FINDINGS AND ORDER
BARBARA A. McAULIFFE, Magistrate Judge.
The United States of America, by and through its counsel of record, and defendants, by and through their counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on August 12, 2013 at 1:00 p.m.
2. By this stipulation, the four defendants now move to continue the status conference until September 23, 2013 at 1:00 p.m. before Magistrate Judge Barbara A. McAuliffe, and to exclude time between the date of this stipulation and September 23, 2013 under 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv). The government does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following:
a. The government has represented that the discovery associated with this case includes several thousand pages of discovery, including investigative reports, search warrant materials and related documents. All of this discovery has been either produced directly to counsel and/or made available for inspection and copying.
b. Counsel for defendants each desire additional time in preparation of this case. Written plea offers were extended to all four defendants. Counsel for defendants Vela-Rodriguez, Jeronimo and Sanchez desire additional time to review the plea offer, review discovery in light of the plea offer and advise their clients accordingly. Counsel for Hernandez desires additional time to consult with his client, housed in Lerdo jail in Bakersfield, as plea negotiations continue between Hernandez and the government after Hernandez communicated a counter-offer to the government. The parties anticipate that many, if not all the remaining defendants, will reach a resolution of the case by September 23, 2013, the date of the proposed status conference, and request the additional time to do so.
c. Counsel for each of the four defendants believes that failure to grant the above-requested continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
d. The government does not object to the continuance.
e. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendants in a trial within the ...