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United States v. Garcia

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


September 4, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JAVIER GARCIA, DEFENDANT.

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

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT Date: September 8, 2008 Time: 8:30 a.m.

IT IS HEREBY stipulated between plaintiff United States of America and defendant Javier Garcia, through their respective undersigned counsel, that the presently set September 8, 2008, status conference be vacated and continued to October 20, 2008, at 8:30 a.m. The parties request this continuance to allow time for: (1) a debriefing of Garcia to take place with investigators with the Tehama County Sheriff's Department and/or United States Forest Service; (2) the parties to negotiate a plea agreement; and (3) defense counsel to explain the ramifications of any proposed plea agreement to Garcia.

Counsel for the parties agreed that this is an appropriate exclusion of time under the Speedy Trial Act within the meaning of Title 18, United States Code § 3161(h)(8)(B)(iv) (reasonable time for effective defense preparation) and Local Code T4 and agree to exclude time from the date of this stipulation, September 4, 2008, until the date of the new status conference, October 20, 2008.

IT IS SO STIPULATED.

Dated: September 4, 2008

DANIEL B. CLYMO Attorney for Defendant Javier Garcia

McGREGOR W. SCOTT United States Attorney

Dated: September 4, 2008

SAMUEL WONG Assistant U.S. Attorney

ORDER TO CONTINUE STATUS CONFERENCE HEARING AND EXCLUDE SPEEDY TRIAL ACT TIME

The Court having received, read, and considered the parties' stipulation and GOOD CAUSE APPEARING therefrom, it is hereby ordered that the September 8, 2008, status conference be continued to October 20, 2008 at 8:30 a.m. The Court finds that the ends of justice served by the requested continuance outweigh the best interest of the public and the defendant in a speedy trial. The Court finds that the failure to grant the requested continuance would deny the defendant's counsel reasonable time for effective preparation taking into account the exercise of due diligence. THEREFORE IT IS FURTHER ORDERED that time be excluded from computation of time within which the trial of this matter must be commenced, pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv) and Local Code T4, from the date of the stipulation, September 4, 2008 to, and including, October 20, 2008.

IT IS SO ORDERED.

20080904

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