United States v. Fernandez
1:21-cr-00142
E.D. Cal.Oct 6, 2021Background
- Defendant Angelo Joseph Fernandez's status conference was set for October 13, 2021; parties stipulated to continue it to December 8, 2021.
- The Eastern District entered General Orders (including 611–618) suspending jury trials during COVID‑19 and authorizing judges to continue matters, but Zedner requires case‑specific on‑the‑record findings for Speedy Trial Act exclusions.
- Discovery (audio footage and investigative reports) has been produced or made available to defense counsel.
- Defense counsel requested additional time to consult with the client, investigate, research, consider resolution/plea, and otherwise prepare; the government does not object.
- The parties stipulated that the ends of justice outweigh speedy‑trial interests and asked the court to exclude time under 18 U.S.C. § 3161(h)(7)(A), B(iv) (Local Code T4); the magistrate judge granted the continuance and excluded time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a continuance to Dec 8, 2021 and exclusion of time is justified under the Speedy Trial Act | Government agrees to continuance; discovery produced; ends‑of‑justice exclusion appropriate | Counsel needs more time for preparation, consultation, investigation, and plea discussion; denial would impair effective counsel | Court continued the status conference to Dec 8, 2021 and excluded time Oct 13–Dec 8 under § 3161(h)(7)(A), B(iv) (Local Code T4) |
| Whether reliance on district‑wide COVID General Orders satisfies the Speedy Trial Act’s requirement for on‑the‑record findings | General Orders permit continuances but must be supplemented with case‑specific findings; stipulation furnishes those findings | Under Zedner, explicit, case‑specific on‑the‑record findings are required and must be time‑limited | Court entered written findings in the stipulation/order addressing reasons for delay and imposed a specific new date, satisfying Zedner’s on‑the‑record requirement |
Key Cases Cited
- Zedner v. United States, 547 U.S. 489 (2006) (Speedy Trial Act requires on‑the‑record ends‑of‑justice findings)
- United States v. Ramirez‑Cortez, 213 F.3d 1149 (9th Cir. 2000) (trial court must set forth explicit findings for ends‑of‑justice continuances)
- Furlow v. United States, 644 F.2d 764 (9th Cir. 1981) (upholding an ends‑of‑justice continuance after a natural disaster)
- United States v. Correa, 182 F. Supp. 326 (S.D.N.Y. 2001) (excluding time following a public emergency after 9/11)
- United States v. Lewis, 611 F.3d 1172 (9th Cir. 2010) (pretrial continuances must be specifically limited in time)