Free Stipulation - District Court of California - California

Case 4:08-cr-00065-CW

Document 16

Filed 08/26/2008

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BARRY J. PORTMAN Federal Public Defender NED SMOCK Assistant Federal Public Defender 555 - 12th Street Suite 650 Oakland, CA 94607-3627 Telephone: (510) 637-3500 Counsel for Defendant PRIMITIVO GUTIERREZ-MONTELONGO

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 The parties in the above-captioned matter are scheduled to appear before the Court on September 3, 2008. The parties stipulate and agree that the matter should be continued to September 17, 2008 because the defense needs additional time to review records of previous deportation proceedings and research possible challenges to the underlying deportations. Mr. Gutierrez-Montelongo is charged with illegal reentry into the country in violation of 8 U.S.C. § 1326. Thus far, the government has turned over seven audiotapes of deportation proceedings, and one additional tape is being provided to the defense today. The defense needs time to complete its review of those records and to speak with Mr. Gutierrez-Montelongo about his options. For the foregoing reasons, the parties further stipulate and agree that the ends of justice 1 UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) ) vs. ) PRIMITIVO GUTIERREZ-MONTELONGO,) ) ) Defendant. _____________________________________ ) No. CR-08-0065 CW STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE AND EXCLUSION OF TIME UNDER THE SPEEDY TRIAL ACT, 18 U.S.C. 3161 ET. SEQ. Current Date: September 3, 2008 Requested Date: September 17, 2008 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Stip re: Continue and Exclude Time

Case 4:08-cr-00065-CW

Document 16

Filed 08/26/2008

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are served by the continuance requested herein outweigh the best interest of the public and the defendant in a speedy trial because the failure to grant the continuance would deny the counsel for the defendant the reasonable time necessary for effective preparation and would deny the defendant continuity of counsel, taking into account the exercise of due diligence. The parties therefore stipulate and agree that time should be excluded pursuant to 18 U.S.C. §§ 3161(h)(8)(A) and (B)(iv). Dated: August 26, 2008 /s/ Ned Smock Ned Smock Assistant Federal Public Defender /s/ Wade Rhyne Wade M. Rhyne Assistant United States Attorney

Dated: August 26, 2008

I hereby attest that I have on file all holograph signatures for any signatures indicated by a "conformed" signature (/S/) within this e-filed document. Based on the reasons provided in the stipulation of the parties above, the Court hereby

13 FINDS that the ends of justice served by the continuance requested herein outweigh the best 14 interest of the public and the defendant in a speedy trial because the failure to grant the 15 continuance would deny the counsel for the defendant the reasonable time necessary for effective 16 preparation and deny the defendant continuity of counsel, taking into account the exercise of due 17 diligence. The Court makes this finding because defense counsel needs time to review the details 18 of the defendant's previous deportations and research possible defenses. 19 Based on these findings, IT IS HEREBY ORDERED THAT the above-captioned matter 20 is continued to September 3, 2008, and that time is excluded from September 3, 2008 to 21 September 17, 2008 pursuant to 18 U.S.C. §§3161(h)(8)(A) and (B)(iv). 22 IT IS SO ORDERED. 23 24 Dated: ____________, 2008 25 26
Stip re: Continue and Exclude Time

HONORABLE CLAUDIA WILKEN United States District Judge

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