USA v. Lugo et al

Western District of Texas, txwd-5:2019-cr-00227-1018437

ORDER GRANTING CONTINUANCE AND AMENDING SCHEDULING ORDER as to Alma Lugo, Josefina Garza re (Plea Agreement due by 10/4/2019, Docket Call & or Rearraignment & PLea Re-set for 10/10/2019 09:00 AM before Judge Fred Biery, Jury Selection & Trial Re-set for 10/21/2019 09:00 AM before Judge Fred Biery,). Signed by Judge Fred Biery.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION USA § § vs. § NO: SA:19-CR-00227(1,2)-FB § (1) Alma Lugo § (2) Josefina Garza § ORDER GRANTING CONTINUANCE AND AMENDING SCHEDULING ORDER The Court is granting the unopposed motion for continuance filed on July 15, 2019 (Doc. #60) filed by co-defendant Alma Lugo. There not being a plea agreement filed nor a severance granted in this case and in an effort to conserve judicial resources and in the interest of all parties, the Scheduling Order is amended as to all defendants listed in this cause of action. The Court finds that (1) Alma Lugo and(2) Josefina Garza shall all proceed with the same trial date schedule. Therefore, it is the opinion of this Court that the trial in this case should be and is continued and makes the following amended schedule: The deadline for notifying the Court of any plea agreement entered into by the parties in this cause is Friday, October 4, 2019. No plea agreement entered into after that date shall be honored by this Court without good cause shown for the delay. Docket call AND REARRAIGNMENT AND PLEA are reset for Thursday, October 10, 2019 at 9:00 AM in Courtroom 2 on the First Floor of the John H. Wood, Jr. United States Courthouse, 655 East Cesar E. Chavez Boulevard, San Antonio, TX(Guilty plea will be taken at docket call – no other order will be sent.) DO NOT ASSUME A CONTINUANCE IS GRANTED -- YOU MUST HAVE A SIGNED ORDER BY THE COURT OR HAVE RECEIVED A CALL FROM THE COURTROOM DEPUTY OR COURT STAFF ADVISING OF SAME. Jury selection and trial are reset for Monday, October 21, 2019 at 09:00 AM in Courtroom 2 on the First Floor of the John H. Wood, Jr. United States Courthouse, 655 East Cesar E. Chavez Boulevard, San Antonio, TX. Motions to Suppress will be heard immediately prior to jury selection or will be carried with the trial unless otherwise ordered by the Court. The Court finds that the period between Monday, August 12, 2019 and Monday, October 21, 2019 is a reasonable period of necessary delay to allow counsel time for preparation for trial. The Court further finds that the interest of justice served by taking this action outweighs the best interest of the public and the defendant in a speedy trial, and further finds that such period shall be excluded from the time within which the defendant must be brought to trial under the Speedy Trial Act pursuant to 18, United States Code, Section 3161(h)(7). AS A REMINDER TO THE ATTORNEY FOR DEFENDANT: If your client is in custody, arrangements should be made with the U.S. Marshal Service prior to the date of jury selection and trial to ensure your client has proper attire. In addition, whenever defendants or witnesses have a need for the services of the court interpreter, please notify Kathy L. Hicks, Courtroom Deputy to Judge Biery, 210/472-6550, ext. 5005, no later than five (5) days before this court setting. All exhibits shall be marked with both the case and exhibit numbers by counsel prior to trial. The Clerk of Court shall send a copy of this order to the United States Attorney, attorney for defendant, United States Marshal, United States Probation Officer, and Pretrial Services Officer. Counsel for defendant shall notify defendant of this setting and, if defendant is on bond, advise the defendant that he/she must be present for all court settings unless excused by the Court. If defendant is in state custody, or a writ required, the Assistant United States Attorney shall immediately prepare and file with the Clerk's Office the appropriate application and order. IT IS SO ORDERED this 15th day of July, 2019. ______________________________ FRED BIERY UNITED STATES DISTRICT JUDGE