MELINDA HAAG (CABN 132612), United States Attorney, J. DOUGLAS WILSON (DCBN 412811), Chief, Criminal Division DAMALI A. TAYLOR (CABN 262486), Assistant United States Attorney, San Francisco, California, Attorney for the United States of America.
HUGH LEVINE, Counsel for the Defendant.
STIPULATION AND  ORDER VACATING TRIAL DATE AND DOCUMENTING EXCLUSION OF TIME UNDER THE SPEEDY TRIAL ACT
D. LOWELL JENSEN, District Judge.
The defendant, ALBERTO QUINTERO, represented by Hugh Levine, Esquire, and the government, represented by DAMALI A. TAYLOR, Assistant United States Attorney, hereby stipulate to vacate the November 21, 2013 pretrial conference date, as well as the December 2, 2013 trial date. The parties are hopeful that they will resolve the matter without the need for trial. The parties further request that the matter be added to the Court's calendar for a December 5, 2013 change of plea. The parties agree that time should be excluded under the Speedy Trial Act through December 5, 2013. Defense counsel is still actively examining the evidence and conducting investigation to discuss a disposition with the government and to meet and confer with his client regarding said disposition.
Based on these facts, the parties stipulate that the currently scheduled November 21, 2013 pretrial conference date and the December 2, 2013 trial date should be vacated. The parties further stipulate that the matter should be set for a December 5, 2013 change of plea.
The parties further stipulate, in order to review the discovery and to conduct investigation necessary to effectively prepare defendant for either trial or resolution, that time be excluded under the Speedy Trial Act through December 5, 2013. The additional time is necessary to review the evidence and investigate the case, and it is in the best interests of the defendant to do so. The parties agree that the ends of justice served by granting such an exclusion of time outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
For the foregoing reasons, the Court HEREBY ORDERS that the November 21, 2013 pretrial conference date and the December 2, 2013 trial date are vacated. The Court also HEREBY ORDERS that the matter is set for a December 5, 2013 change of plea.
The Court finds that good cause is shown for extending the time limits set forth under Rule 5.1(d) and Title 18, United States Code, Sections 3060 and 3161.
The Court finds that the failure to grant the requested extension would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice served by granting the requested extension outweigh the best interests of the public and the defendant in a speedy trial and in the prompt disposition of criminal cases. The Court also concludes that an exclusion of time through and including December 5, 2013, should be made under Title 18, United States Code, Sections 3161(h)(7)(A) and 3161(h)(7)(B)(iv). The Court also finds that the ends of justice served ...