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United States v. Sarabia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


September 25, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CARLOS SARABIA DEFENDANT.

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

MOTION TO (1) VACATE TRIAL CONFIRMATION HEARING; (2) VACATE TRIAL DATE; (3) SET STATUS CONFERENCE; AND ORDER; DECLARATION OF TOM STANLEY

Defendant, Carlos Sarabia, by and through his counsel, Tom Stanley, hereby moves this Court to: (1) Vacate the Trial Confirmation Hearing set for September 28, 2009; (2) Vacate the Trial Date set for October 6, 2009; and (3) Set a Status Conference. The motion is made on the grounds of defense counsel's health issues, as set forth in Declaration of Tom Stanley. It is further requested that time be excluded from September 28, 2009 until the date of the Status Conference.

DECLARATION OF TOM STANLEY

I, TOM STANLEY, declare as follows: 1. I am the attorney of record for the defendant and am duly authorized to practice law before this Court. This declaration is bases upon my personal knowledge and I am competent to testify the matters set forth herein.

2. On September 16, 2009, I had a medical exam with my Kaiser physician. He determined that I should undergo an Echo Cardiogram test and Treadmill test. The tests were scheduled for Monday September 21 and Wednesday September 23. The results of the Echo Cardiogram test disclosed a problem and I was scheduled for consultation with a Cardiologist today, September 24. The Cardiologist informed me that my aortic valve is not functioning properly I will need surgery to replace it. Dr, Shah referred to the Kaiser Sunset Cardiac Unit to schedule the surgery. I was also scheduled for an Angiogram on Monday September 28, to determine if I have blocked arteries that would require by-pass surgery.

3. In the afternoon, September 24, I telephoned AUSA Kathleen Servatius and informed her of the situation.

4. For the reasons set forth above, I am requesting that this Court Vacate the Trial Confirmation Hearing and Trial Date and set a Status Hearing in approximately six weeks so my health situation can be determined. My suggestion would be November 16, 2009 or any other date acceptable to this Court and counsel.

I declare that the foregoing is true and correct to the best of my knowledge. Executed on September 24, 2009, at Los Angeles, California.

ORDER

Based upon the motion of defendant and the Declaration of Tom Stanley, IT IS HEREBY ORDERED that (1) the Trial Confirmation Hearing set for September 28, 2009 is vacated; (2) the Trial Date set for October 6, 2009 is vacated; (3) the case is set for a Status Conference on November 16, 2009 at 1:30 in courtroom 3 before Senior Judge Oliver W. Wanger . IT IS FURTHER ORDERED that the time should be excluded from the computation of time for commencement of trial under the Speedy Trial Act based upon the need to resolve the medical issues of defense counsel.

IT IS SO ORDERED

CERTIFICATE OF MAILING

I hereby certify that on September 25, 2009, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following:

20090925

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