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United States v. Cruz-Ochoa

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


July 30, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MANUEL CRUZ-OCHOA, DEFENDANT.

The opinion of the court was delivered by: Hon. Morrison C. England

JOINT REQUEST FOR STATUS CONFERENCE AND ORDER FOR STATUS CONFERENCE AND EXCLUSION OF TIME

Date: August 6, 2009

The parties request that a status conference be set in this matter for Thursday, August 6, 2009, at 9:00 a.m., and stipulate that the time beginning Wednesday, July 29, 2009, and extending through Thursday, August 6, 2009, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161. I have spoken with defense counsel, Linda Harter, and she joins in this request, subject to the court's approval, for status conference and exclusion of time under the Speedy Trial Act.

The parties are currently involved in pre-trial negotiations. Based upon concerns raised by the defendant at his last court appearance regarding the nature of his alleged prior deportation or removal, each side needs additional time for further investigation and preparation.

Accordingly, the parties believe that the time until August 6, 2009 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,

LAWRENCE G. BROWN Acting United States Attorney

DATED: July 29, 2009

MICHAEL D. ANDERSON Assistant U.S. Attorney LINDA HARTER Attorney for the Defendant

ORDER

That a status conference in case number S-09-190 WBS is scheduled for August 6, 2009, at 9:00 a.m., and the time beginning July 29, 2009, and extending through August 6, 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.

MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

20090730

© 1992-2009 VersusLaw Inc.



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