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United States v. Cervantes

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


August 11, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ELY CERVANTES, DEFENDANT.

The opinion of the court was delivered by: Judge Hon. Oliver W. Wanger

Date: August 31, 2009

STIPULATION TO CONTINUE STATUS CONFERENCE; MODIFY BRIEFING SCHEDULE; AND ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KIMBERLY A. SANCHEZ, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant Ely Cervantes, that the date for status conference may be continued to August 31, 2009, or the soonest date thereafter that is convenient to the court.It is also requested that the motion briefing schedule be modified. It is requested that the government's response to the pending motion to suppress may be filed by August 25, 2009. The date currently set for status conference is August 24, 2009. The requested new date is August 31, 2009.

The parties are exploring the possibility of resolving this matter with a negotiated settlement in lieu of litigating a suppression issue. This continuance is requested to accommodate the schedules of counsel, and to allow for further negotiations prior to the filing of the government's response to the defendant's pending suppression motion.

The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), and for the filing of pretrial motions and ruling thereon pursuant to 18 U.S.C. § 3161(h)(1)(D).

LAWRENCE G. BROWN Acting United States Attorney

DATED: August 11, 2009

By KIMBERLY A. SANCHEZ Assistant United States Attorney Attorney for Plaintiff

DANIEL J. BRODERICK Federal Defender

DATED: August 11, 2009

By ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant ELY CERVANTES

ORDER

IT IS SO ORDERED. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), and 18 U.S.C. § 3161(h)(1)(D).

IT IS SO ORDERED.

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

20090811

© 1992-2009 VersusLaw Inc.



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