Opinion
NO. CR.S-09-483-EJG
09-06-2012
UNITED STATES OF AMERICA, Plaintiff, v. GUADALUPE RAMOS, Defendant.
DANIEL J. BRODERICK Federal Public Defender COURTNEY FEIN Assistant Federal Defender Designated Counsel for Service Attorney for GUADALUPE RAMOS BENJAMIN WAGNER United States Attorney CHRISTOPHER HALES Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRGDERICK, Bar #89424
Federal Defender
COURTNEY FEIN, Bar #244785
Designated Counsel for Service
Attorney for Defendant
GUADALUPE RAMOS
STIPULATION AND -[PROPOSED]
ORDER; CONTINUING STATUS
CONFERENCE AND EXCLUDING TIME
Date: September 21, 2012
Judge: Hon. Edward J. Garcia
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, CHRISTOPHER HALES Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN, attorney for GUADALUPE RAMOS that the status conference hearing date of September 7, 2012, be vacated, and the matter be set for status conference on September 21, 2012, at 10:00 a.m.
The reason for the continuance is that the defense counsel just received the audio tapes of Mr. Ramos' September 6, 2005 deportation hearing and requires more time to finish reviewing them.
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 September 21, 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 GUADALUPE RAMOS
BENJAMIN WAGNER
United States Attorney
______________________
CHRISTOPHER HALES
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the September 7, 2012 status conference hearing be continued to September 21, 2012, at 10:00 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 September 21, 2012, status conference 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.
______________________
EDWARD J. GARCIA
United States District Judge