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RJOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

BRIAN J. STRETCH (CABN 163973)

Chief, Criminal Division

TAREK J. HELOU (CABN 218225)

Assistant United States Attorney

450 Golden Gate Ave., Box 36055

San Francisco, California 94102

Telephone: (415) 436-7200

Fax: (415) 436-7234

E-Mail: Tarek.J.Helou@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

ROMMELL BORJAS-ALFARO,

a/k/a “Shorty”

Defendant.

 

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No. CR 09-102 VRW

STIPULATION AND [PROPOSED]

ORDER RESCHEDULING DATE FOR

TRIAL SETTING OR CHANGE OF PLEA

AND EXCLUDING TIME FROM APRIL

8, 2010 THROUGH JUNE 24, 2010

Current Date: April 8, 2010

Current Time: 2:00 p.m.

Proposed Date: June 24, 2010

Proposed Time: 2:00 p.m.

Case 3:09-cr-00102-RS Document 59 Filed 04/06/10 Page 1 of 3
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STIP. EXCL. TIME

CR 09-102 VRW -2-

The parties are scheduled to appear before the Court on April 8, 2010, for defendant

Rommell Borjas-Alfaro’s trial setting or change of plea. The parties now represent that they

need additional time to discuss a proposed disposition. The United States produced a significant

amount of discovery in this case, and defense counsel needs additional time to review it. The

parties request that the Court continue the matter to June 24, 2010 at 2:00 p.m. for trial setting or

a change of plea. The parties request that time be excluded under the Speedy Trial Act from

April 8, 2010 through June 24, 2010 because defense counsel needs that time to review discovery

and to conduct necessary investigation. 

The parties represent that the requested continuance is the reasonable time necessary for

effective preparation of defense counsel. 18 U.S.C. § 3161(h)(7)(B)(iv). The parties also agree

that the ends of justice served by granting such a continuance outweigh the best interests of the

public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). 

SO STIPULATED:

JOSEPH P. RUSSONIELLO 

United States Attorney

DATED: April 5, 2010 /s/ 

TAREK J. HELOU

Assistant United States Attorney 

DATED: April 5, 2010 /s/ 

RITA BOSWORTH

Attorney for ROMMELL BORJAS-ALFARO

Based upon the representation of counsel and for good cause shown, the Court finds that

failing to exclude the time from April 8, 2010 through June 24, 2010 would unreasonably deny

the defendant and defense counsel 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 April 8, 2010 through June 24,

2010 from computation under the Speedy Trial Act outweigh the best interests of the public and

Case 3:09-cr-00102-RS Document 59 Filed 04/06/10 Page 2 of 3
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STIP. EXCL. TIME

CR 09-102 VRW -3-

the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). 

Therefore, IT IS HEREBY ORDERED that the time between from April 8, 2010 through

June 24, 2010 shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. §

3161(h)(7)(A) and (B)(iv). 

IT IS HEREBY FURTHER ORDERED that the trial setting or change of plea hearing

scheduled for defendant Rommell Borjas-Alfaro on April 8, 2010 at 2:00 p.m. is vacated and

rescheduled for a trial setting or change of plea hearing on June 24, 2010 at 2:00 p.m. 

DATED: ___________________ ___________________________

THE HON. VAUGHN R. WALKER

United States District Judge

April 6, 2010 

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

Judge Vaughn R Walker

Case 3:09-cr-00102-RS Document 59 Filed 04/06/10 Page 3 of 3