Free Stipulation - District Court of California - California

Case 5:08-cr-00455-RMW

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Filed 07/22/2008

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163173) Chief, Criminal Division DANIEL R. KALEBA (CABN 223789) Assistant United States Attorney 150 Almaden Blvd., Suite 900 San Jose, California 95113 Telephone: (408) 535-5061 FAX: (408) 535-5066 [email protected] Attorneys for Plaintiff

9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 Defendants. 20 21 22 23 24 25 26 27 28 On July 16, 2008, named defendants PABLO CESAR ESQUIVEL, MIGEUL ALVAREZCASTENEDA, and URIAL ARREDONDO-VERDUZCO in this case appeared before the Court for arraignment. At the appearance, attorney Alex Park substituted in as counsel to Mr. ARREDONDO-VERDUZCO on behalf of Thomas Ferrito. Mr. ALVAREZ-CASTENEDA also submitted to the United States a supplemental discovery request. The Court set the matter for initial appearance before Judge Whyte on August 25, 2008. Assistant United States Attorney Daniel Kaleba then requested an exclusion of time under the Speedy Trial Act from July 16, UNITED STATES OF AMERICA, Plaintiff, v. PABLO CESAR ESQUIVEL, ADAN MEDINA-MENDOZA, a/k/a Daniel Antonio Duenas, MIGUEL ALVAREZ-CASTENEDA, and URIAL ARREDONDO-VERDUZCO, a/k/a Roberto Matos, ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) No. 08-00455 RMW STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME

SAN JOSE VENUE

STIPULATION AND [PROPOSED ] ORDER NO . 08-00455 RMW

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Case 5:08-cr-00455-RMW

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2008 to August 25, 2008. The defendants, through counsel, agreed to the exclusion. The undersigned parties agree and stipulate that an exclusion of time is appropriate based on the defendants' need for continuity of counsel and effective preparation.

SO STIPULATED:

JOSEPH P. RUSSONIELLO United States Attorney /s/ DANIEL R. KALEBA Assistant United States Attorney /s/ NICHOLAS P. HUMY Counsel to Defendant ESQUIVEL /s/ GEOFFREY BRAUN Counsel to Defendant ALVAREZ-CASTENEDA /s/ ALEX C. PARK Counsel to Defendant ARREDONDO-VERDUZCO

DATED: 7/22/08

DATED: 7/22/08 10 11 12 13 14 DATED: 7/22/08 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DATED:______________ DATED: 7/22/08

Accordingly, for good cause shown, the Court HEREBY ORDERS that time be excluded under the Speedy Trial Act from July 16, 2008 to August 25, 2008. The Court finds, based on the aforementioned reasons, that the ends of justice served by granting the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. The failure to grant the requested continuance would deny defense counsel reasonable time necessary for effective preparation and continuity, taking into account the exercise of due diligence, and would result in a miscarriage of justice. The Court therefore concludes that this exclusion of time should be made under 18 U.S.C. §§ 3161(h)(8)(A) and (B)(iv). SO ORDERED.

________________________________________ HOWARD R. LLOYD United States Magistrate Judge

STIPULATION AND [PROPOSED ] ORDER NO . 08-00455 RMW

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