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United States v. Cervantes

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


September 17, 2009

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

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

STIPULATION TO CONTINUE STATUS CONFERENCE; MODIFY BRIEFING SCHEDULE; AND ORDER THEREON Date: October 13, 2009 Time: 9:00 a.m. Judge: Hon. Oliver W. Wanger

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 October 13, 2009, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is September 21, 2009. The requested new date is October 13, 2009.

The parties are exploring the possibility of resolving this matter with a negotiated settlement in lieu of litigating the pending suppression motion. This continuance is requested to allow the defense to conduct further investigation prior to deciding whether to accept a plea offer, or to suppression issue.

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).

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.

20090917

© 1992-2009 VersusLaw Inc.



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