IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 1, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
ESTANISLAO LARA, DEFENDANT.
The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell
AMENDED STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE
Date: June 19, 2009
Time: 10:00 a.m.
It is hereby stipulated between the parties, Michael Anderson, Assistant United States Attorney, attorney for Plaintiff, and Caro Marks, attorney for defendant Estanislao Lara, as follows:
The Status Conference date of May 29, 2009, should be continued until June 19, 2009. The reason for the continuance is that the parties have not yet received the Alien Pre-Plea Presentence Report and need additional time to receive it. After that, the defense needs additional time to review the PSR with the defendant, to calculate the defendant's likely sentence and to explore any defenses or sentencing issues.
IT IS STIPULATED that the period from the date of this Stipulation up to and including June 19, 2009, be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(8)(A) & (B)(iv), Local Code T4, to permit necessary preparation by defense counsel.
Dated: May 27, 2009
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for May 29, 2009, be continued to June 19, 2009, at 10:00 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defendant continuity of counsel and defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time from the date of this stipulation, May 27, 2009, to and including, the June 19, 2009, status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(8)(A) & (B)(iv), Local Code T-4, to allow defense counsel time to prepare.
GARLAND E. BURRELL, JR. United States District Judge
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