Free Transcript - District Court of California - California

Case 3:08-mj-01348-NLS

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

4 UNITED STATES OF AMERICA, 5 6 7 8 9 10 11 12 APPEARANCES: 13 For the Plaintiff: 14 15 16 For the Defendant: 17 18 19 Transcript Ordered by: 20 Transcriber: 21 22 23 24

) ) Plaintiff, ) ) vs. ) ) DANIEL CRUZ-ESCOBAR, ) ) Defendant. ) ______________________________)

Case No. 08MJ1348-NLS San Diego, California Thursday, May 15, 2008 9:30 a.m.

TRANSCRIPT OF PRELIMINARY HEARING BEFORE THE HONORABLE NITA L. STORMES UNITED STATES MAGISTRATE JUDGE

CHARLOTTE KAISER, ESQ. Assistant United States Attorney 880 Front Street San Diego, California 92101 FEDERAL DEFENDERS OF SAN DIEGO, BY: TODD W. BURNS, ESQ. 225 Broadway, Suite 900 San Diego, California 92101 TODD W. BURNS, ESQ. Leslie Kychik Echo Reporting, Inc. 6336 Greenwich Drive, Suite B San Diego, California 92122 (858) 453-7590

Proceedings recorded by electronic sound recording; 25 transcript produced by transcription service.

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Case 3:08-mj-01348-NLS

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1 1 2 3 4 SAN DIEGO, CALIFORNIA THURSDAY, MAY 15, 2008 9:30 A.M. --oOo-(Call to order of the Court.) THE COURT: Ms. Kaiser, are you familiar with

5 number five on the calendar, Daniel Cruz-Escobar? 6 MS. KAISER: Your Honor, I partially spoke with My understanding is that he would

7 the AUSA on the matter.

8 be requesting a continuance as there seems to be some 9 confusion as to whether this was supposed to be a time 10 waiver or waiver of indictment. 11 THE COURT: Are you prepared to stand in for him

12 on that matter? 13 14 MS. KAISER: THE COURT: If your Honor wishes me to do so. It's not whether I wish. It's whether

15 you're prepared to do it. 16 17 18 MS. KAISER: THE COURT: THE CLERK: Yes, your Honor. All right. Call number five please.

Calling matter number five off

19 calendar, case number 08MJ1348-NLS United States verus 20 Daniel Cruz-Escobar also on calendar for a preliminary 21 hearing. 22 MR. BURNS: Good morning, your Honor. Todd Burns

23 Public Defender on behalf of Mr. Cruz. 24 THE COURT: Good morning. All right. This matter

25 was on for a preliminary hearing today albeit I was advised

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2 1 prior to court that this individual was going to -2 3 UNIDENTIFIED SPEAKER: THE COURT: I'm sorry which -The

Number five, Mr. Cruz-Escobar.

4 Court was advised that this individual was going to waive 5 indictment this morning and plead to an information. 6 that correct, counsel? 7 MS. KAISER: No, your Honor. My understanding is Is

8 the government's position is that it was supposed to be a 9 time waiver. 10 government. 11 That is what was represented to the That is the government's understanding. Your Honor, I don't know how there I made it

MR. BURNS:

12 could have been miscommunication on this matter.

13 quite clear to Mr. Jones that I wanted this case to proceed 14 quickly because there were some circumstances by which I 15 wanted to get in front of a district judge and if we were 16 going to enter into an agreement, ask for immediate 17 sentencing which the government did agree that whatever 18 offer was made by the government that they would not oppose 19 and would agree to request for immediate sentencing. 20 I made it clear that I also wanted to not waive

21 time today and extend things a couple of weeks given the 22 same circumstances. I made it clear that he would waive

23 indictment today to keep open the options of potentially 24 working out a deal to save the government time from getting 25 the indictment. I actually asked Mr. Jones even though

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3 1 there wasn't a plea agreement to send me the waiver of 2 indictment and the information, which he did. I had my

3 client sign the waiver of indictment, was prepared to waive 4 indictment today. 5 I don't know how Mr. Jones is confused but now

6 he's come in here and I said look, "I've got a waiver of 7 indictment. Waive indictment, get information, keep the He said

8 options open, decide where we're going from here." 9 he doesn't want to do that. 10 indictment. He wants to go get an

That's Mr. Jones' choice.

In having made this

11 choice and this being the 10th day from the initial 12 appearance and apparently not being ready for preliminary 13 hearing I move to dismiss. 14 THE COURT: Well, the Court is not going to It appears

15 dismiss this case in the absence of Mr. Jones.

16 to be that there was, in fact, a miscommunication of 17 counsel. Today is Thursday the 15th. I'm going to continue

18 this matter to my calendar for preliminary hearing on next 19 Tuesday, which will be the 20th, and I find that 20 extraordinary circumstances exist and justice requires the 21 delay based on a miscommunication of counsel as to whether 22 this individual was going to waive indictment and plead to 23 an information or waive time. That will be the basis of my

24 ruling and this matter will be set on my calendar next 25 Tuesday morning at 9:30.

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4 1 2 Honor. 3 4 5 6 I certify that the foregoing is a correct THE COURT: So noted. MR. BURNS: I note Mr. Cruz's objection, your

(Proceedings concluded.)

7 transcript from the electronic sound recording of the 8 proceedings in the above-entitled matter. 9 s/Leslie Kychik Transcriber 10 5/28/08 Date

11 FEDERALLY CERTIFIED TRANSCRIPT AUTHENTICATED BY: 12 s/L.L. Francisco L.L. Francisco, President 13 Echo Reporting, Inc. 14 15 16 17 18 19 20 21 22 23 24 25

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