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United States v. Cuevas

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


January 7, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SAUL CUEVAS, AND OSCAR SAUCEDA CUEVAS, DEFENDANTS.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

STIPULATION AND ORDER CONTINUING STATUS CONFERENCE

IT IS HEREBY STIPULATED by and between Plaintiff United States of America, by and through Acting United States Attorney Lawrence G. Brown and Assistant U.S. Attorney Todd Leras, Attorney Kathryn Kohlman Druliner, Counsel for Defendant Saul Cuevas, and Attorney Ron Peters, Counsel for Defendant Oscar Sauceda Cuevas, that the initial status conference scheduled for January 8, 2009, be continued to February 19, 2009, at 9:00 a.m.

The request to continue the status conference is made on the ground that initial discovery has recently been provided to counsel for both defendants. Defense counsel need time to review the discovery and discuss it with their respective clients. In addition, Ron Peters recently substituted into this case as counsel for defendant Oscar Sauceda Cuevas, on January 5, 2009, and is requesting additional time for attorney preparation. The government and both defendants agree that an exclusion of time is appropriate under 18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4 (reasonable time to prepare).

Kathryn Kohlman Druliner and Ron Peters agree to this request and have authorized Assistant United States Attorney Todd Leras to sign this stipulation on their behalf.

IT IS HEREBY ORDERED:

1. The status conference set for January 8, 2009 is continued to February 19, 2009, at 9:00 a.m.

2. Based on the stipulations and representations of the parties, the Court finds that the ends of justice outweigh the best interest of the public and Defendants in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded under 18 U.S.C. § 3161(h)(8)(B)(iv) and Local Code T4 (reasonable time to prepare) up to and including February 19, 2009.

IT IS SO ORDERED.

20090107

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