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United States v. Rodas-Calderon

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


September 30, 2009

UNITED STATES OF AMERICA PLAINTIFF,
v.
MARIO ELIGIO RODAS-CALDERON, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Edward J. Garcia

STIPULATION AND [PROPOSED] ORDER DATE: October 15, 2009 TIME: 10:00 a.m.

It is hereby stipulated and agreed to between the United States of America through DANIEL McCONKIE, Assistant U.S. Attorney, and defendant, MARIO ELIGIO RODAS-CALDERON by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender, that the status conference set for Friday, October 2, 2009, be continued to Thursday, October 15, 2009, at 10:00 a.m..

The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case. In addition, the parties are awaiting receipt of a pre-plea presentence report which will be essential to the resolution of this case.

Speedy trial time is to be excluded from the date of this order through the date of the status conference set for October 15, 2009, pursuant to 18 U.S.C. §§ 3161 (h)(7)(A)&(B)(iv) [reasonable time to prepare] (Local Code T4).

DATED: September 29, 2009

Respectfully submitted,

ORDER

IT IS SO ORDERED. Time is excluded from today's date through and including October 15, 2009, in the interests of justice pursuant to 18 U.S.C. §3161(h)(7)(A)&(B)(iv) [reasonable time to prepare] and Local Code T4. The Court finds that the ends of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial.

EDWARD J. GARCIA United States District Judge

20090930

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