Opinion
Mag. 11-043 GGH
01-26-2012
UNITED STATES OF AMERICA, Plaintiff, v. JESUS RUIZ, Defendant.
TODD D. LERAS Assistant U.S. Attorney Todd D. Leras for JEFFREY STANIELS Attorney for Defendant MIGUEL RONQUI RUIZ
BENJAMIN B. WAGNER
United States Attorney
TODD D. LERAS
Assistant U.S. Attorney
STIPULATION AND [PROPOSED] ORDER CONTINUING PRELIMINARY HEARING
IT IS HEREBY STIPULATED between Plaintiff United States of America, by and through Assistant United States Attorney Todd D. Leras, and Assistant Federal Defender Jeffrey Staniels, Counsel for Defendant Jesus Ruiz, that the preliminary hearing scheduled for January 26, 2012, be continued to February 23, 2012, at 2:00 p.m.
The parties are finalizing a proposed pre-indictment resolution of this matter. In light of the settlement discussions and continuing investigation, both parties are requesting additional time for attorney preparation.
The government and defendant agree that the combination of settlement discussions and continuing investigation constitute good cause to extend the time for preliminary hearing under Federal Rule of Criminal Procedure 5.1(d), as well as under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(B)(iv). This exclusion of time includes the period up to and including February 23, 2012.
Jeffrey Staniels agrees to this request and has authorized Assistant United States Attorney Todd D. Leras to sign this stipulation on his behalf.
By: Todd D. Leras
TODD D. LERAS
Assistant U.S. Attorney
By: Todd D. Leras for
JEFFREY STANIELS
Attorney for Defendant
MIGUEL RONQUI RUIZ
IT IS HEREBY ORDERED:
1. The preliminary hearing set for January 26, 2012, is continued to February 23, 2012, at 2:00 p.m., before Magistrate Judge Kendall J. Newman.
2. Based on the stipulations and representations of the parties, the Court finds good cause to extend the time for the preliminary hearing, and time is excluded up to and including February 23, 2012. (18 U.S.C. § 3161 (h) (7) (B) (iv) and Local Code T4 (reasonable time to prepare)).
IT IS SO ORDERED.
____________________________
HONORABLE DALE A. DROZD
UNITED STATES MAGISTRATE JUDGE