United States v. Delacruz

4:19-cr-00558 | N.D. Cal. | Sep 1, 2020

Case 4:19-cr-00558-YGR Document 69 Filed 09/01/20 Page 1 of 3 Case 4:19-cr-00558-YGR Document 68 Filed 09/01/20 Page 1 of 3 DAVID L. ANDERSON (CABN 149604) United States Attorney HALLIE HOFFMAN (CABN 210020) Chief, Criminal Division FRANK J. RIEBLI (CABN 221152) ALEXIS J. LOEB (CABN 269895) Assistant United States Attorneys

1301 Clay Street, Suite 340S Oakland, California 94612 Telephone: (510) 637-3680 FAX: (510) 637-3724 Frank.Riebli@usdoj.gov

Attorneys for United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA, ) Case No. CR 19-558 YGR ) Plaintiff, ) JOINT STATUS REPORT AND REQUEST TO ) CONTINUE STATUS CONFERENCE AND v. ) EXCLUDE TIME AND ) DOMINICK WONG, et al, ) [PROPOSED] ) Defendants. ) ORDER CONTINUING HEARING AND ) EXLUDING TIME The parties submit this status report to advise the Court of the current status of discovery and the progress towards resolution, and to ask that the Court continue the status hearing, currently scheduled for September 2, 2020 at 2:00 p.m., to September 16, 2020, or a date as soon thereafter as is convenient for the Court. The parties also ask that the Court exclude time between September 3, 2020 to September 16, 2020 or the date the parties next appear. [1]

Since the last parties last updated the Court, the government has worked to provide records responsive to a request from defense counsel. The government has identified records in the discovery responsive to defense counsel’s request, and expects to provide additional records today. If a dispute Case 4:19-cr-00558-YGR Document 69 Filed 09/01/20 Page 2 of 3 Case 4:19-cr-00558-YGR Document 68 Filed 09/01/20 Page 2 of 3 arises that the parties are unable to resolve, they will advise the Court and seek a briefing schedule. The government has also conducted a reverse proffer to give the defendants and their attorneys a preview of the evidence in the case and how it fits together. Following the reverse proffer, the government circulated draft plea agreements to each of the defendants. The parties have had productive discussions regarding a potential pretrial resolution of this matter, and believe that a short continuance will better enable them to advise the Court regarding the appropriate next steps. Moreover, on August 28, 2020, the Court advanced the status hearing from September 3 to September 2, and lead government counsel has a conflict with the new hearing date. The defendants are out of custody.

Due to the need to continue to review the discovery provided and to assess the potential for pre- trial resolution, the parties stipulate and agree that it is appropriate to exclude time between September 3, 2020 and September 16, 2020 to allow for the effective preparation of counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv). The parties stipulate and agree that the ends of justice served by excluding the time from September 3, 2020 to September 16, 2020 from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A), (B)(iv). DATED: August 31, 2020 Respectfully submitted,

DAVID L. ANDERSON

United States Attorney ________/s/________________

FRANK J. RIEBLI

ALEXIS J. LOEB

Assistant United States Attorneys

DATED: August 31, 2020 ___ /s/ Frank Riebli w/ permission

JOANNA SHERIDAN

Counsel for Defendant Eshai Delacruz

DATED: August 31, 2020 ___ /s/ Frank Riebli w/ permission

ANDREW CANTOR

Counsel for Defendant Rohan Kumar

DATED: August 31, 2020 ___ /s/ Frank Riebli w/ permission

DOUGLAS RAPPAPORT

KIRSTEN HAIGH

Counsel for Defendant Dominick Wong Case 4:19-cr-00558-YGR Document 69 Filed 09/01/20 Page 3 of 3 Case 4:19-cr-00558-YGR Document 68 Filed 09/01/20 Page 3 of 3

[PROPOSED] ORDER

Based upon the facts set forth in the stipulation of the parties, and for good cause shown, the Court hereby continues the status hearing from September 2, 2020 to September 16, 2020 at 2:00 p.m. The Court finds that failing to exclude the time from September 3, 2020 through September 16, 2020 would unreasonably deny defense counsel and the defendants the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time from September 3, 2020 through September 16, 2020 from computation under the Speedy Trial Act outweigh the best interests of the public and the defendant in a speedy trial. Therefore, and with the consent of the parties, IT IS HEREBY ORDERED that the status hearing in the above-captioned matter is continued from September 2, 2020 through September 16, 2020 at 2:00 p.m., and that the period from September 3, 2020 through September 16, 2020 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A), (B)(iv).

IT IS SO ORDERED.

DATED: ___________________ ______________________

HON. YVONNE GONZALEZ ROGERS

United States District Judge

NOTES

[1] While the next hearing is now set for September 2, the Court previously excluded time until September 3, so the new requested exclusion runs from that date.