USA v. Lucero-Peace et al

STIPULATION TO EXCLUDE TIME AND [PROPOSED] ORDER v. 7/10/2018
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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.
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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
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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
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[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