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United States v. Velasco

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


July 29, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FRANCISCO JAVIER VELASCO, DEFENDANT.

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 D. Leras, and Attorney Daniel Bacon, Counsel for Defendant Francisco Javier Velasco, that the status conference scheduled for July 30, 2009, be continued to September 24, 2009, at 9:00 a.m.

The request to continue the status conference is made on the ground that defense counsel has a motion to suppress evidence pending and needs to conduct additional investigation to prepare for presentation of the motion. The government and defendant agree that an exclusion of time is appropriate under 18 U.S.C. § 3161(h)(1)(D)(pending motion) and (h)(7)(B)(iv)(reasonable time for counsel to prepare); Local Codes E (pending motion) and T4 (reasonable time to prepare). This exclusion of time includes the period up to and including September 24, 2009.

Daniel Bacon agrees to this request and has authorized Assistant United States Attorney Todd D. Leras to sign this stipulation on his behalf.

DATED: July 29, 2009

Todd D. Leras for DANIEL BACON Attorney for Defendant FRANCISCO JAVIER VELASCO

IT IS HEREBY ORDERED:

1. The status conference set for July 30, 2009, is continued to September 24, 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 defendant in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded under 18 U.S.C. § 3161(h)(1)(D) and (h)(7)(B)(iv) and Local Codes E (pending motion) and T4 (reasonable time to prepare) from July 30, 2009, up to and including September 24, 2009.

IT IS SO ORDERED.

20090729

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