Free Stipulated Facts - District Court of California - California

Case 3:08-cr-01548-JLS

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Filed 08/14/2008

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JAMES MATTHEW BROWN, APLC (Bar No.: 98922) Attorney at Law 2044 First Avenue, Suite 200 San Diego, California 92101 (619) 238-0815 Attorney For Defendant JUAN ONTIVEROS-PALOMARES

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA (HONORABLE JANIS SAMMARTINO) UNITED STATES OF AMERICA, Plaintiff,
v.

Crim. Case No. 08CR1548-JLS STIPULATION TO FILE DISCOVERY MOTIONS AND FOR CONTINUANCE OF MOTION HEARING

JUAN ONTIVEROS-PALOMARES, Defendant.

COMES

NOW,

United

States

of

America,

by

and

through

its

attorney of record,

(former?) Assistant U.S. Attorney, JEFF MOORE,

and Juan Ontiveros-Palomares, by and through his attorney of record, James Matthew Brown, APLC and hereby stipulate as follows. The government has provided discovery without the necessity discovery motions. Additional discovery may be warranted and will require the filing of discovery motions. The basis for this

statement is the defendants mental status which has recently been evaluated. Counsel for the defendant has just recently concluded a wrongful death trial before the Honorable Steven Denton, Judge of the Superior Court and has, therefore, been delayed in determining

Case 3:08-cr-01548-JLS

Document 9

Filed 08/14/2008

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what assistance, if any, Mr. Ontiveros can provide. It
lS

also the parties intention to file the attached discovery

motions so as to toll the speedy trial act and allow the parties to proceed with plea negotiations and ultimately enter a plea before the Magistrate Judge. The parties intend on meeting to facilitate that process and to satisfy the requirements of the United States Sentencing Guidelines. As such the parties stipulate to the filing of the attached Motion For Discovery/Preserve Evidence and Leave to File Additional Motions. The matter is presently set for motion hearing/trial setting on August 15, 2008 at 9:00 p.m. before the Honorable Janis

Sammartino, United States District Court Judge. At said time and place the parties will request a continuance of the motion hearing date to a time convenient to the court in order to pursue the course outlined above. stipulate to continue said hearing to August Therefore, the parties stipulate the above discovery motion The parties further

trial setting hearing date should be continued and the attached / / / / / / / / / /

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Case 3:08-cr-01548-JLS

Document 9

Filed 08/14/2008

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Motion for Discovery/Preserve Evidence and Leave to File Additional Motions be filed for the reasons described. IT IS SO STIPULATED. DATED: 8/14/2008 LAW OFFICES OF JAMES MATTHEW BROWN, APLC By: S/James Matthew Brown James Matthew Brown, APLC Attorney for Defendant

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DATED: 8/14/2008

UNITED STATES ATTORNEY By: S/Jeff Moore Jeff Moore, Esq. Attorney for Plaintiff

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