UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA
December 9, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
BYRON PEREZ GONZALEZ, DEFENDANT.
The opinion of the court was delivered by: The Honorable Stephen V. Wilson United States District Judge
FINDINGS AND ORDER
In accordance with the facts set forth in the parties' stipulation, the Court hereby ORDERS:
THAT for the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence the time period of October 6, 2008 through and including January 29, 2009 should be deemed excludable pursuant to 18 U.S.C. § 3161(h)(1)(I) and (2)(8)(A) as the requested continuance is necessary for the consideration by the Court of a proposed plea agreement entered into and filed by the parties and as the ends of justice served by granting this continuance outweigh the best interest of the public, and the defendant in a speedy trial, and the failure to grant such a continuance would result in the miscarriage of justice. Finally, the Court finds that nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which trial must commence and that the continuance is not based on congestion of the Court's calendar, nor on the lack of diligence on the part of the attorney for the government or the defense, 18 U.S.C. § 3161(h)(8)(C).
THAT the change of plea and sentencing hearing in this matter is scheduled for Monday, January 26, 2009 at 11 a.m.
IT IS SO FOUND AND ORDERED this 9th day of December 2008.
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