United States v. Avalos Castro
1:20-cr-00093
E.D. Cal.Feb 18, 2021Background
- Criminal case (1:20-cr-00093) set for a status conference on March 3, 2021; parties moved to continue to June 2, 2021 and to exclude time under the Speedy Trial Act (Local Code T4).
- Court and district entered COVID-19 General Orders suspending jury trials; parties relied on those orders but acknowledged Zedner requires case-specific, on-the-record findings for ends-of-justice exclusions.
- Government disclosed voluminous discovery: investigative reports, numerous photos/videos, hundreds of hours of wiretapped calls, cellular extractions, and large volumes of precise location data; some supplemental discovery expected.
- Defense counsel sought more time to review discovery, investigate, prepare for trial, and explore resolution; government did not object to the continuance.
- Parties stipulated specific factual findings balancing the ends of justice against speedy-trial interests and requested the exclusion of time from March 3 to June 2, 2021.
- Magistrate judge Sheila K. Oberto signed the stipulated findings and ordered the continuance and exclusion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the continuance (Mar 3–Jun 2, 2021) is excludable under the Speedy Trial Act ends-of-justice exception | U.S.: COVID-related districtwide restrictions plus voluminous discovery and need for preparation justify an ends-of-justice continuance and exclusion under §3161(h)(7)(A) (Local Code T4) | Defense: Agrees; needs the time to review extensive discovery, investigate, and explore resolution; requests exclusion | Court granted the stipulated continuance and excluded time Mar 3–Jun 2, 2021 under §3161(h)(7)(A) (Local Code T4) |
| Whether districtwide General Orders alone satisfy Zedner’s requirement for on-the-record, case-specific findings | U.S.: General Orders plus the parties’ stipulated, case-specific findings supply the necessary record supporting an ends-of-justice exclusion | Defense: Agrees and submitted stipulated findings for the record | Court adopted the parties’ stipulated, on-the-record findings, satisfying Zedner and Ramirez-Cortez; ordered the continuance |
Key Cases Cited
- Zedner v. United States, 547 U.S. 489 (2006) (ends-of-justice continuances require on-the-record, case-specific findings)
- Furlow v. United States, 644 F.2d 764 (9th Cir. 1981) (upholding ends-of-justice exclusion after volcanic eruption made trial impossible)
- United States v. Ramirez-Cortez, 213 F.3d 1149 (9th Cir. 2000) (judge must set forth explicit ends-of-justice findings orally or in writing)
- United States v. Lewis, 611 F.3d 1172 (9th Cir. 2010) (pretrial continuance must be specifically limited in time)