Opinion
NO. CR.S-11-484-LKK
01-23-2012
UNITED STATES OF AMERICA, Plaintiff, v. VICTOR ZAMBRANO-VALENZUELA, Defendant.
DANIEL J. BRODERICK Federal Public Defender CARO MARKS Designated Counsel for Service Attorney for Victor Zambrano-Valenzuela BENJAMIN WAGNER United States Attorney Caro Marks for MICHELE BECKWITH Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
CARO MARKS, Bar #159267
Designated Counsel for Service
Attorney for Defendant
VICTOR ZAMBRANO-VALENZUELA
STIPULATION AND ORDER;
CONTINUING STATUS CONFERENCE
AND EXCLUDING TIME
Judge: Hon. Lawrence K. Karlton
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MICHELE BECKWITH, Assistant United States Attorney, attorney for Plaintiff, and CARO MARKS, attorney for VICTOR ZAMBRANO-VALENZUELA that the status conference hearing date of January 24, 2012 be vacated, and the matter be set for status conference on January 31, 2012 at 9:15 a.m.
The reason for this continuance is to allow the government time to prepare and offer the defense a plea agreement, and to give defense counsel time to receive the plea agreement and then to review it with the defendant.
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 31, 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
Caro Marks
CARO MARKS
Designated Counsel for Service
Attorney for
Victor Zambrano-Valenzuela
BENJAMIN WAGNER
United States Attorney
Caro Marks for
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, 2012, status conference hearing be continued to January 31, 2012, at 9:15 a.m. Based on the representation of defense counsel and good cause appearing there from, 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 January 31, 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.
____________________________
LAWRENCE K. KARLTON
SENIOR JUDGE
UNITED STATES DISTRICT COURT