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United States v. Sanchez

United States District Court, Ninth Circuit

August 16, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
LUIS EDWARD SANCHEZ, GABRIEL FERNANDO GARCIA, GREGORIO TELLEZ, and SEARCY ANDREWS, Defendants.

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

ORDER FOLLOWING STATUS CONFERENCE

LAWRENCE K. KARLTON, District Judge.

This matter came before the Court for a status conference on August 13, 2013, at 9:15 a.m. Assistant United States Attorney Todd D. Leras represented the government. Attorney Chris Cosca appeared on behalf of Defendant Gabriel Garcia pursuant to a written waiver of appearance. Attorney Erin Radekin appeared on behalf of Defendant Searcy Andrews pursuant to a written waiver of appearance. Attorney Danny Brace appeared on behalf of Defendant Gregorio Tellez, who was personally present in court. Defendant Sanchez's attorney, Anthony Palik, did not appear. A waiver of appearance had previously been filed for Defendant Luis Sanchez.

The Court placed the matter on calendar for Attorney Palik to appear on August 14, 2013. The Court further directed government counsel to telephone Mr. Palik and inform him that he needed to be personally present on August 14, 2013.

The remaining parties informed the Court that they are conducting additional investigation and exchanging information related to potential resolution of the case. On that basis, Defendants Garcia, Tellez, and Andrews requested that the status conference be continued to September 17, 2013, at 9:15 a.m. They further requested an exclusion of time to that date for attorney preparation and continuity of counsel. The government joined in the exclusion request. The Court directed government counsel to prepare a formal order regarding the proceedings.

IT IS HEREBY ORDERED:

1. Attorney Anthony Palik is directed to appear on behalf of his client, Defendant Luis Sanchez, on August 14, 2013, at 10:00 a.m.;

2. A status conference in this matter is set for September 17, 2013, at 9:15 a.m., as to Defendants Garcia, Tellez, and Andrews;

3. Based on the representation of the parties as to Defendants Garcia, Tellez, and Andrews, the Court finds that the ends of justice outweigh the best interest of the public and Defendants in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded under 18 U.S.C. ยง 3161(h)(7)(B)(iv) and Local Code T4 (continuity of counsel and reasonable time to prepare) up to and including September 17, 2013.

IT IS SO ORDERED.


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