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United States v. Chavez

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


November 17, 2008

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

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

Hon. William B. Shubb

The parties request that the status conference currently set for November 17, 2008, be continued to February 17, 2009, and stipulate that the time beginning November 17, 2008, and extending through February 17, 2009, 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 parties are in the process of discussing and negotiating the various plea offers in this case. Each defendant will need time to consider his or her 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).

Respectfully Submitted, McGREGOR W. SCOTT United States Attorney

Dated: November 14, 2008 By: Michael M. Beckwith MICHAEL M. BECKWITH Assistant U.S. Attorney

Dated: November 14, 2008 By: Patrick K. Hanly PATRICK K. HANLY Attorney for defendant Jorge Chavez

Dated: November 14, 2008 By: Thomas A. Johnson THOMAS A. JOHNSON Attorney for defendant Armando Chavez

Dated: November 14, 2008 By: Michael B. Bigelow MICHAEL B. BIGELOW Attorney for defendant Alex Hernandez

Dated: November 14, 2008 By: Daniel M. Davis DANIEL M. DAVIS Attorney for defendant Juan Villa, Jr.

Dated: November 14, 2008 By: Hayes H. Gable HAYES H. GABLE, III Attorney for defendant Jamie Jiminez

Dated: November 14, 2008 By: Kresta N. Daily KRESTA N. DAILY Attorney for defendant Maricella Villa

Dated: November 14, 2008 By: Michael Long MICHAEL LONG Attorney for defendant Jose Penalosa

ORDER

The status conference in case number CR. S-07-0515 WBS, currently set for November 17, 2008, is continued to February 17, 2009, and the time beginning November 17, 2008, and extending through February 17, 2009, 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.

20081117

© 1992-2008 VersusLaw Inc.



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