Free Stipulation - District Court of California - California

Case 4:08-cr-00065-CW

Document 12

Filed 07/07/2008

Page 1 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20

JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division WADE M. RHYNE (CABN 216799) Assistant United States Attorney 1301 Clay Street, Suite 340-S Oakland, California 94612 Telephone: (510) 637-3680 Facsimile: (510) 637-3724 E-Mail: [email protected] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION ) ) Plaintiff, ) ) v. ) ) PRIMITIVO GUTIERREZ) MONTELONGO (a/k/a Jose Luis Gutierrez, ) a/k/a Jose Luis Montelongo, a/k/a Jose Luis ) Gutierrez Montelongo, a/k/a Pedro Lopez), ) ) Defendant. ) ) ) UNITED STATES OF AMERICA, No. CR-08-0065 CW STIPULATED REQUEST TO CONTINUE HEARING DATE TO AUGUST 13, 2008 AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT Date: Time: Court: August 13, 2008 2:00 p.m. Hon. Claudia Wilken

The above-captioned matter is currently set on July 9, 2008 before this Court for motions 21 setting or disposition or trial setting. The parties request that this Court continue the hearing to 22 August 13, 2008 at 2:00 p.m. and that the Court continue to exclude time under the Speedy Trial 23 Act between July 9, 2008 and August 13, 2008. 24 Pursuant to defendant's supplemental discovery request, the government is currently 25 locating copies of the audio recordings of defendants underlying deportations proceedings. 26 Those deportation proceedings culminated in deportations on March 12, 1987, July 26, 1989, and 27 September 30, 1997. Accordingly, both parties require additional time to effectively prepare the 28
STIP. AND [PROPOSED] ORDER TO SET CONTINUE HEARING TO AUGUST 13, 2008 AND TO EXCLUDE TIME No. CR-08-0065 CW

Case 4:08-cr-00065-CW

Document 12

Filed 07/07/2008

Page 2 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

case for further disposition. Therefore, the parties stipulate and request that the Court continue to exclude time between July 9, 2008 and August 13, 2008 under the Speedy Trial Act for reasonable time necessary for counsel to effectively prepare, pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv). The parties agree the ends of justice served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial.

DATED: July 6, 2008

______________________________ WADE M. RHYNE Assistant United States Attorney Counsel for United States

/S/ ____________________________ NED SMOCK Counsel for Primitivo Gutierrez-Montelongo

I hereby attest that I have authorization to file this document on behalf of those individuals whose signatures are indicated by a "conformed" signature (/S/) within this e-filed document.

STIP. AND [PROPOSED] ORDER TO SET CONTINUE HEARING TO AUGUST 13, 2008 AND TO EXCLUDE TIME No. CR-08-0065 CW

Case 4:08-cr-00065-CW

Document 12

Filed 07/07/2008

Page 3 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The parties jointly requested that the hearing in this matter be continued from July 9, 2008 to August 13, 2008, and that time be excluded under the Speedy Trial Act between July 9, 2008 and August 13, 2008 to allow for the effective preparation of counsel for the reasons set forth in the parties' stipulated request. For these stated reasons, the Court finds that the ends of justice served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial. Good cause appearing therefor, and pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv), IT IS HEREBY ORDERED that this matter is set for motions setting or disposition or trial setting on August 13, 2008 at 2:00 p.m., and that time between July 9, 2008 and August 13,
STIP. AND [PROPOSED] ORDER TO SET CONTINUE HEARING TO AUGUST 13, 2008 AND TO EXCLUDE TIME No. CR-08-0065 CW

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) v. ) ) PRIMITIVO GUTIERREZ) MONTELONGO (a/k/a Jose Luis Gutierrez, ) a/k/a Jose Luis Montelongo, a/k/a Jose Luis ) Gutierrez Montelongo, a/k/a Pedro Lopez), ) ) Defendant. ) ) ) No. CR-08-0065 CW STIPULATED REQUEST TO CONTINUE HEARING DATE TO AUGUST 13, 2008 AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT Date: Time: Court: August 13, 2008 2:00 p.m. Hon. Claudia Wilken

Case 4:08-cr-00065-CW

Document 12

Filed 07/07/2008

Page 4 of 4

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2008 will continue to be excluded under the Speedy Trial Act to allow for the effective preparation of counsel, taking into account the exercise of due diligence.

DATED:_________________

____________________________________ HON. D. CLAUDIA WILKEN United States District Judge

STIP. AND [PROPOSED] ORDER TO SET CONTINUE HEARING TO AUGUST 13, 2008 AND TO EXCLUDE TIME No. CR-08-0065 CW