USA v. Gabriel

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ERIC GRANT
United States Attorney
LUKE BATY
Assistant United States Attorney
2500 Tulare Street, Suite 4401
Fresno, Ca 93721
Telephone: (559) 497-4000
Facsimile: (559) 497-4099
Attorneys for Plaintiff
United States of America
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA,
Plaintiff,
v.
JAZDION GABRIEL,
Defendant.
Case No: 1:25-CR-00120-KES-BAM
STIPULATION TO CONTINUE STATUS
CONFERENCE; AND ORDER
DATE: November 12, 2025
TIME: 1:00 p.m.
JUDGE: Hon. Barbara A. McAuliffe
THE PARTIES HEREBY STIPULATE, through their respective attorneys of record, Assistant
United States Attorney Luke Baty, counsel for the government, and Roger Ponce, counsel for Jazdion
Gabriel (“the defendant”), that this action’s Wednesday, November 12, 2025, status conference be
continued to Wednesday, January 14, 2026, at 1:00 p.m. The parties likewise ask the court to
endorse this stipulation by way of formal order.
The parties base this stipulation on good cause. Specifically,
1. By previous order, this matter was set for a status conference on November 12, 2025, at 1:00
p.m. ECF 14.
2. By this stipulation, the parties request that the status conference be continued to January 14,
2026, at 1:00 p.m.

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3. The government has represented that the discovery associated with this case, including
investigative reports and related documents, and photos have been either produced directly to
counsel and/or made available for inspection and copying. The defense is and has been
reviewing discovery thus far provided. If the government identifies additional information
that should be produced as supplemental discovery, the government will promptly produce it
in accord with Rule 16.
4. The government and defense are engaged in discussions regarding a resolution of the case.
The Defense requires additional time to secure funds to hire an investigator to evaluate the
strength of the government’s case.
5. Defense counsel believes that failure to grant the above-requested continuance and time
exclusion would deny him the reasonable time necessary for effective preparation, taking
into account the exercise of due diligence.
6. The parties therefore stipulate that the period of time from November 12, 2025, through
January 14, 2026, is excludable pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i)
and (iv) because it results from a continuance granted by the Court at the parties’ request on
the basis of the Court’s finding that the ends of justice served by taking such action outweigh
the best interest of the public and the defendant in a speedy trial.
IT IS SO STIPULATED
Dated: November 6, 2025
By:
ERIC GRANT
United States Attorney
/s/ LUKE BATY
LUKE BATY
Assistant United States Attorney
Dated: November 6, 2025 By: _ /s/ ROGER PONCE _
ROGER PONCE
Counsel for Defendant

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O R D E R
IT IS ORDERED that the status conference currently set for November 12, 2025 at 1:00 pm is
continued until January 14, 2026, at 1:00 p.m. before Magistrate Judge Barbara A. McAuliffe.
IT IS FURTHER ORDERED THAT the period of time from November 12, 2025, through
January 14, 2026, is excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv)
because it results from a continuance granted by the Court at the parties’ request on the basis of the
Court’s finding that the ends of justice served by taking such action outweigh the best interest of the
public and the defendant in a speedy trial.
IT IS SO ORDERED.
Dated: November 6, 2025 /s/ Barbara A. McAuliffe _
UNITED STATES MAGISTRATE JUDGE