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United States v. Cervantes

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


November 5, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ELY CERVANTES, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Oliver W. Wanger

STIPULATION TO CONTINUE STATUS CONFERENCE; MODIFY BRIEFING SCHEDULE; AND ORDER THEREON

Date: January 25, 2010

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KIMBERLY A. SANCHEZ, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant Ely Cervantes, that the date for status conference may be continued to January 25, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is November 9, 2009. The requested new date is January 25, 2010.

The parties are exploring the possibility of resolving this matter with a negotiated settlement in lieu of litigating the pending suppression motion previously filed by Mr. Cervantes. This continuance is requested to allow additional time to attempt to resolve the matter. In addition, a continuance to the end of January 25, 2010 is requested because counsel for the government, and defense counsel, are both scheduled to be in trial for 6-8 weeks beginning November 16, 2009.

The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), and for the filing of pretrial motions and ruling thereon pursuant to 18 U.S.C. § 3161(h)(1)(D).

DATED: November 5, 2009

ORDER

IT IS SO ORDERED. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), and 18 U.S.C. § 3161(h)(1)(D).

IT IS SO ORDERED.

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

20091105

© 1992-2009 VersusLaw Inc.



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