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United States v. Cortez-Garcia

United States District Court, E.D. California

June 1, 2016

UNITED STATES OF AMERICA, Plaintiff,
v.
LUIS CORTEZ-GARCIA, and EMILIANO CORTES-GARCIA, Defendants.

          STIPULATION REGARDING EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS AND ORDER

          GARLAND E. BURRELL, Jr., Senior District Judge.

         STIPULATION

         Plaintiff, United States of America, by and through its counsel of record, and defendants, EMILIANO CORTES-GARCIA and LUIS CORTEZ-GARCIA, by and through their counsel of record, hereby stipulate as follows:

         1. By previous order, this matter was set for status on June 3, 2016, at 9:00 a.m.

         2. By this stipulation, defendants now move to continue the status conference until July 8, 2016, at 9:00 a.m., and to exclude time between June 3, 2016, and July 8, 2016, under Local Code T4. Plaintiff does not oppose this request.

         3. The parties agree and stipulate, and request that the Court find the following:

         a. Counsel for defendant Emiliano Cortes-Garcia has been working with an expert in this case, and based on those consultations, made a written discovery request of the government on September 3, 2015. The purpose of the discovery request was, in part, to obtain documents in support of a defense motion to dismiss several counts in the indictment because the statutory scheme for those counts is unconstitutionally vague.

         b. On September 15, 2015, the government and counsel for Emiliano Cortes-Garcia had a meeting regarding the discovery request and narrowed the request by agreement.

         c. On January 11, 2016, the government disclosed discovery responsive to part of the discovery request.

         d. On February 25, 2016, defense counsel for Emiliano Cortes-Garcia filed a motion to compel the discovery in dispute. After continuances of the discovery motion, the hearing on that motion is presently scheduled for May 10, 2016, before the Honorable Edmond F. Brennan.

         e. On April 11, 2016, the government produced 6, 400 pages of new discovery which may satisfy, and thereby moot, defendant Cortes-Garcia's motion to compel discovery. Counsel for Cortes-Garcia needs the additional time to review the 6, 400 pages to determine whether it is appropriate to withdraw the discovery motion or proceed with it. Counsel for Cortes-Garcia is presently in jury trial in an unrelated case in the Superior Court of California, County of Sacramento (Case No. 14F03944) as part of the justification as to why additional time is required for counsel preparation.

         f. Once the defense either withdraws the discovery motion, or obtains a ruling on the motion, the parties will submit a briefing schedule to this Court for the motion to dismiss based on the vagueness of the statutory scheme charged in the indictment.

         g. To date, the government has produced approximately 6, 844 pages of document discovery to the defense. Moreover, the government has produced over 40 CD/DVD's of discovery to defendants. These media files contain relevant audio and video footage obtained during the government's investigation of this matter. Some of these media files are three to four hours in length.

         h. Both defense counsel desire additional time to review the document discovery, review the afore-mentioned media files, consult with their client ...


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