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United States v. Chavez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 5, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JORGE CHAVEZ ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. William B. Shubb

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

The parties request that the status conference currently set for August 4, 2008, be continued to October 6, 2008, and stipulate that the time beginning August 4, 2008, and extending through October 6, 2008, should be excluded from the calculation of time under the Speedy Trial Act. The parties submit that the ends of justice are served by the Court excluding such time, so that counsel for each defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4.

The government is in the process of providing each defendant with a plea offer. Some offers have already been made. All defendants are expected to have their offers no later than the week of August 4, 2008, if not sooner. Each defendant will need time to consider the government's offer. Additionally, counsel for each defendant needs more time to review the discovery in this case, discuss that discovery with their respective clients, consider evidence that may affect the disposition of this case, and discuss with their clients how to proceed. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

Dated: August 1, 2008

ORDER

The status conference in case number CR. S-07-0515 WBS, currently set for August 4, 2008, is continued to October 6, 2008, and the time beginning August 4, 2008, and extending through October 6, 2008, is excluded from the calculation of time under the Speedy Trial Act. The Court finds that interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

IT IS SO ORDERED.

20080805

© 1992-2008 VersusLaw Inc.



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