Opinion
NO. CR.S-11-176-JAM
01-17-2012
UNITED STATES OF AMERICA, Plaintiff, v. MARIA GUTIERREZ-BLANCA, Defendant.
DANIEL J. BRODERICK, Bar #89424 Federal Defender COURTNEY FEIN Bar #244785 Designated Counsel for Service Attorney for Defendant MARIA GUTIERREZ-BLANCA
DANIEL J. BRODERICK, Bar #89424
Federal Defender
COURTNEY FEIN Bar #244785
Designated Counsel for Service
Attorney for Defendant
MARIA GUTIERREZ-BLANCA
STIPULATION AND ORDER; CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
Date: January 24, 2012
Judge: Hon. John A. Mendez
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MICHELE BECKWITH, Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN, attorney for MARIA GUTIERREZ-BLANCA, that the status conference hearing date of January 24, 2012 be vacated, and the matter be set for change of plea on February 7, 2012 at 9:30 a.m.
The reason for this continuance is that defense counsel will need additional time to review the updated Pre-Sentence Report once it is released this week, and that government's counsel will be engaged in trial on January 24, 2012.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including January 10, 2012, pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Public Defender
___________________________
COURTNEY FEIN
Assistant Federal Defender
Designated Counsel for Service
Attorney for MARIA GUTIERREZ-BLANCA
BENJAMIN WAGNER
United States Attorney
___________________________
MICHELE BECKWITH
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the January 24, 2011, status conference hearing be continued to February 7, 2012, at 9:30 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the February 7, 2012, status conference/change of plea shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
___________________________
JOHN A. MENDEZ
United States District Judge