IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 24, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
JOSE ANTONIO SANTIAGO, DEFENDANT.
The opinion of the court was delivered by: Judge: Hon. William B. Shubb
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE
Date: October 19, 2009
IT IS HEREBY STIPULATED between the parties, Michael Anderson, Assistant United States Attorney, and Douglas J. Beevers, Assistant Federal Defender, attorney for defendant Jose Antonio Santiago, that the status conference of September 28, 2009 at 8:30 a.m., be vacated, and the matter be set for status conference on October 19, 2009 at 8:30 a.m.
The grounds for the continuance is that the parties are still negotiating a possible fast-track disposition, but have not yet received the pre-plea pre-sentence report. The parties agree a continuance is necessary for this purpose, and agree to exclude time under the Speedy Trial Act accordingly.
IT IS STIPULATED that the period from the signing of this Order, up to and including October 19, 2009, be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, for ongoing preparation of counsel.
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for September 28, 2009, be continued to October 19, 2009, at 8:30 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time from the date of this Order, to and including, the October 19, 2009 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4, to allow defense counsel time to prepare.
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