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United States v. Davalos-Garcia

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


September 4, 2008

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

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

STIPULATION AND [PROPOSED]ORDER

Date: September 22, 2008 Time: 8:30 a.m.

It is hereby stipulated between the parties, Assistant United States Attorney Daniel McConkie, and Assistant Federal Defender Caro Marks, attorney for defendant Javier Davalos-Garcia, as follows:

The status conference hearing date of September 8, 2008, should be continued September 22, 2008.

Defense counsel is requesting this continuance to allow time for the defense to order and receive a criminal rap sheet on Mr. Davalos.

Therefore, IT IS STIPULATED between the parties that the time period between the signing of this Order up to and including September 22, 2008, be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv) and Local Code T4, for ongoing preparation of counsel.

Dated: September 4, 2008

Respectfully submitted,

DANIEL J. BRODERICK Federal Defender

CARO MARKS Attorney for Defendant JAVIER DAVALOS-GARCIA

DANIEL MCCONKIE Assistant United States Attorney

ORDER

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the September 8, 2008, status conference be continued to September 22, 2008, at 8:30 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the status conference on September 22, 2008 shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(8)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.

20080904

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