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United States v. Cabrera-Mendoza

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO


September 25, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE LUIS CABRERA-MENDOZA, DEFENDANT.

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

STIPULATION FOR CONTINUANCE AND ORDER THEREON

IT IS HEREBY STIPULATED between the Defendants, Jose Luis Cabrera-Mendoza and Guillermo Cabrera, by and through their respective attorneys-of-record, Anthony P. Capozzi and David Balakian, and Plaintiff, by and through Assistant United States Attorney, Laurel J. Montoya, that the Sentencing hearing now set for Monday, September 28, 2009, be continued to Monday, November 16, at 1:30 p.m.

It is further stipulated by the parties that any delay resulting from this continuance shall be excluded on the following basis:

(1) Title 18, United States Code, Section 3161(h)(8)(A) -- that the ends of justice served by taking such action outweighs the best interest of the public and the defendant in a speedy trial;

(2) Title 18, United States Code, Section 3161(h)(8)(B)(ii): that is unreasonable to expect adequate preparation for pre-trial proceedings or for the trial itself with the time limits established due to the complexity of the case.

Dated: September 24, 2009

ORDER

IT IS SO ORDERED. Good cause having been shown, the hearing set for Monday, September 28, 2009 is vacated and continued to Monday, November 16, 2009 at 1:30 p.m.

Additionally, time shall be excluded by stipulation from the parties and pursuant to 18 USC §§ 3161(h)(8)(A) and 3161(h)(8)(B)(ii).

20090925

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