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United States v. Osuna

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


November 14, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MEZA FLAVIO OSUNA, ET AL., DEFENDANTS.

STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

Court: Hon. Frank C. Damrell, Jr.

Time: 10:00 a.m.

Date: January 6, 2009

IT IS HEREBY stipulated between the parties, Plaintiff United States of America, by and through United States Attorney McGregor W. Scott and Assistant United States Attorney Jill M. Thomas, and Defendants, Meza Flavio Osuna and Jesus Antonio Barraza, through their attorneys, Lorie J. Teichert and Shari Rusk, that the previously set Status Conference of November 17, 2008 be continued to January 6, 2009 at 10:00 a.m.

It is further stipulated and agreed between the parties that the period between November 17, 2008 through and including January 6, 2009 should be excluded in computing the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. section 3161(h)(8)(B)(iv). In particular, counsel need more time for the purpose of defense preparation and investigation of factual issues. All parties stipulate and agree that this is an appropriate exclusion of time within the meaning of Title 18, United States Code, section 3161(h)(8)(B)(iv), and Local Code T4.

Dated: November 13, 2008

Respectfully submitted,

LORIE J. TEICHERT Attorney for Defendant Meza Flavio Osuna

SHARI RUSK Attorney for Defendant Jesus Antonio Barraza

Dated: November 13, 2008

McGREGOR W. SCOTT United States Attorney

JILL M. THOMAS Assistant U.S. Attorney

ORDER

Based on the stipulation of the parties and good cause appearing therefor, the Court hereby finds that a continuance in this case is necessary to allow defense counsel reasonable time for effective preparation, taking into account the exercise of due diligence. The Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial.

Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its order.

IT IS SO ORDERED.

20081114

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