5:26-cr-00048•USA v. Lucero-Peace et al
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STIPULATION TO EXCLUDE TIME AND [PROPOSED] ORDER v. 7/10/2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CRAIG H. MISSAKIAN (CABN 125202) United States Attorney MARTHA BOERSCH (CABN 126569) Chief, Criminal Division NEAL C. HONG (ILBN 6309265) Assistant United States Attorney 60 S Market St., Suite 1200 San Jose, California 95113 Telephone: (408) 535-5081 neal.hong@usdoj.gov Attorneys for United States of America UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION UNITED STATES OF AMERICA, Plaintiff, v. JONATHON LUCERO-PEACE, Defendant. ) ) ) ) ) ) ) ) ) ) NO. 25-MJ-71255 MAG STIPULATION TO EXCLUDE TIME; AND [PROPOSED] ORDER Currently, a preliminary hearing is scheduled for January 6, 2026. The parties are requesting that this hearing be continued to February 10, 2026. The parties stipulate that time should be excluded under the Speedy Trial Act from January 6, 2026, through February 10, 2026. The Government is in the process of producing discovery to Defendant. The defense requires time to review discovery to effectively prepare Defendant’s case. Accordingly, the parties stipulate and agree that excluding time until February 10, 2026, will allow for the effective preparation of counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv). The parties further stipulate and agree that the ends of justice served by excluding the time from January 6, 2026, through February 10, 2026, 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). The parties further stipulate and agree that, given the need to investigate matters which may bear Case 5:26-cr-00048-EKL Document 19 Filed 12/19/25 Page 1 of 3
STIPULATION TO EXCLUDE TIME AND [PROPOSED] ORDER v. 7/10/2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 on the disposition in the case, good cause exists for extending the time limits for a preliminary hearing under Federal Rule of Criminal Procedure 5.1(d), and defense counsel accordingly consents on behalf of the defendant to extending the time limit for the preliminary hearing. The parties further stipulate and agree to an extension of time for the 30-day time period of an indictment under the Speedy Trial Act. IT IS SO STIPULATED. DATED: December 12, 2025 /s/ ___ NEAL C. HONG Assistant United States Attorney /s/ ___ NAOMI CHUNG Counsel for Defendant Case 5:26-cr-00048-EKL Document 19 Filed 12/19/25 Page 2 of 3
STIPULATION TO EXCLUDE TIME AND [PROPOSED] ORDER v. 7/10/2018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER Based upon the facts set forth in the stipulation of the parties, the Court continues the preliminary hearing scheduled for January 6, 2026, to February 10, 2026, and excludes time under the Speedy Trial Act. The Court finds that failing to exclude the time from January 6, 2026, through February 10, 2026, would unreasonably deny defense counsel and the defendant 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 January 6, 2026, through February 10, 2026, 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 time from January 6, 2026, through February 10, 2026, shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)(A), (B)(iv). The Court further finds good cause exists for extending the time limits for a preliminary hearing under Federal Rule of Criminal Procedure 5.1 and for extending the 30-day time period for an indictment under the Speedy Trial Act. See Fed. R. Crim. P. 5.1; 18 U.S.C. § 3161(b). IT IS SO ORDERED. DATED: ___________________ _________________________________ HON. VIRGINIA K. DEMARCHI United States Magistrate Judge December 15, 2025 Case 5:26-cr-00048-EKL Document 19 Filed 12/19/25 Page 3 of 3
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