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United States v. Franco-Martinez

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


July 2, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ADRAN FRANCO-MARTINEZ, DEFENDANT.

The opinion of the court was delivered by: Hon. William B. Shubb

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE Time: 8:30 am Date: Mon., July 6, 2009

The parties request that the status conference currently set for Monday, July 6, 2009, at 8:30 a.m., be continued to Monday, August 3, 2009, at 8:30 a.m., and stipulate that the time beginning Monday, July 6, 2009, and extending through August 3, 2009, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161. I have communicated with defense counsel, Lexi Negin, and she has asked, subject to the court's approval, for this continuance.

The parties are currently involved in pre-trial negotiations. Based upon the information uncovered during these negotiations, each side needs additional time for further investigation and preparation.

Accordingly, the parties believe that the continuance should be excluded from the calculation of time under the Speedy Trial Act. The additional time is necessary to ensure effective preparation, taking into account the exercise of due diligence.

18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4. The interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

Respectfully Submitted,

DATED: July 1, 2009

ORDER

The status conference in case number S-09-181 WBS, currently set for Monday, July 6, 2009, at 8:30 a.m., is continued to Monday, August 3, 2009, at 9:00 a.m., and the time beginning July 6, 2009, and extending through August 3, 2009, is excluded from the calculation of time under the Speedy Trial Act in accordance with 18 U.S.C. § 3161 and Local Code T4.

IT IS SO ORDERED.

20090702

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