The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE
Date: July 9, 2008 Time: 2:30 p.m. Court: The Honorable Maxine M. Chesney
Undersigned counsel stipulate as follows:
1. A status conference in this matter is currently set for July 9, 2008, at 2:30 p.m.;
2. Defense counsel received Mr. Orozco-Calisco's A-file on June 30, 2008. After reviewing the A-file, she has determined that a review of the recorded deportation proceedings in 1994 is necessary;
3. Government counsel has ordered the deportation tape, but it will not likely arrive prior to the status conference on July 9, 2008;
4. The parties accordingly requests a continuance of the status conference for three weeks to allow time for defense counsel to receive the deportation tape, review it with her client, and discuss the need for motions or an appropriate resolution of the case;
5. The parties are requesting July 30, 2008 as a new status date;
6. The parties jointly request that the Court order an exclusion of time under the Speedy Trial Act for effective preparation of defense counsel, 18 U.S.C. § 3161(h)(8)(A) & 18 U.S.C. § 3161(B)(iv). Undersigned defense counsel confirms that she has met with her client at the North County Jail; that she has explained his right to a speedy trial; that she has further explained the purpose of requesting the government to produce the audio recorded deportation proceeding in this matter; and that Mr. Orozco-Calisco concurs that the delay is appropriate and necessary under the circumstances.
GOOD CAUSE APPEARING, it is hereby ORDERED that the status conference date in the aforementioned matter currently set for July 9, 2008, is vacated. The status conference date shall be continued to July 30, 2008 at 2:30 p.m. This Court also finds that the ends of justice served by excluding the period between July 9, 2008 and July 30, 2008 outweigh the best interest of the public and the defendant in a speedy trial. Specifically, an exclusion of time is appropriate under the Speedy Trial Act between July 9, 2008 and July 30, 2008 to enable counsel to effectively prepare a defense for the above captioned defendant. See 18 U.S.C. § 3161(h)(8)(A) & 18 U.S.C. § 3161(B)(iv).
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