UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
November 10, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
FIDEL SANCHEZ-ELIZONDO, DEFENDANT.
The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii
STIPULATION TO CONTINUE MOTIONS SCHEDULE AND HEARING; ORDER Date: January 5, 2009 Time: 9:00 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that a new motions schedule for any response and reply filings be set as follows: any response to defendant's previously filed motion shall be filed by December 8, 2008, any reply shall be filed by December 22, 2008, and the motions hearing now set for December 1, 2008, may be continued to January 5, 2009, at 9 a.m.
The reason for the continuance is to grant defendant additional time to consider a new plea offer from the government and for further plea negotiations. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for 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). The parties stipulate and agree that the interests of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A). The parties agree that the delay from the continuance shall be excluded from the calculation of time under the Speedy Trial Act pursuant to 18 U.S.C. §§ 3161(h)(8)(A) and (B)(iv).
Dated: November 7, 2008
The intervening period of delay shall be excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(8)(A) and 3161(h)(8)(B)(iv).
IT IS SO ORDERED.
Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE
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