IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 28, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
ANTELMO MAGUCHA-ROMERO, DEFENDANT.
The opinion of the court was delivered by: Judge Hon. Lawrence J. O'Neill
STIPULATION TO ADVANCE STATUS CONFERENCE HEARING; ORDER Date: October 8, 2009 Time: 9:00 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto and through their respective attorneys, that the status conference hearing in the above-captioned matter now scheduled for October 30, 2009, may be advanced to October 8, 2009 at 9:00 a.m. The request is made by counsel for defendant who inadvertently asked the court to continue the hearing from September 25, 2009, to October 30, 2009, when a stipulation and proposed order was provided to the court on September 23, 2009. The requested new hearing date should have been October 8, 2009. As set forth in the previous stipulation and proposed order, the parties are waiting for a Presentence Investigation Report which will enable counsel for plaintiff to provide defendant with a plea offer for consideration prior to the hearing. The parties believe that the requested October 8, 2009, hearing date will provide adequate time to determine whether the matter may be resolved prior to hearing.
The parties agree that time shall be excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B) in that the ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant such a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
DATED: September 24, 2009
Time is hereby excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B).
IT IS SO ORDERED.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
© 1992-2009 VersusLaw Inc.