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United States v. Castillo

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


September 18, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
NOEL CASTILLO, DEFENDANTS.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

STIPULATION AND PROPOSED ORDER (order slightly modified)

Defendant NOEL CASTILLO, through his attorney ROBERT L. FORKNER, and the United States, through its counsel, Assistant United States Attorney KAREN A. ESCOBAR, hereby stipulate and request the following:

1. That the Court continue the status conference in the above-captioned case from September 25, 2009, to October 9, 2009, at 9:00 a.m.

2. The defense has requested the continuance in order to permit a complete review of the Government's plea offer with the defendant before further scheduling of this case.

For these reasons, the parties stipulate and request that the Court exclude time within which the trial must commence under the Speedy Trial Act from September 25, 2009 through October 9, 2009, for defense preparation under 18 U.S.C. § 3161(h)(8)(B)(ii) and (iv) (local codes T2 and T4).

Dated: September 17, 2009

ORDER

For the reasons stated above, the Court finds that the needs of defense counsel to prepare outweigh the public and the defendants' interest in a speedy trial, and therefore the continuance and exclusion of time are in the interest of justice. The hearing, however, will be on October 8, 2009 at 9 a.m. (Criminal calendar will be on the Thursday, and not the Friday that week).

IT IS SO ORDERED.

20090918

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