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United States v. Alvarez-Natividad

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


December 1, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
NERI ALVAREZ-NATIVIDAD, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STIPULATION AND ORDER Date: December 4, 2009 Time: 9:00 a.m. Judge: Hon. Garland E. Burrell

IT IS HEREBY STIPULATED by the parties, through counsel, Michael D. Anderson, Assistant United States Attorney, and Michael Petrik, Jr., attorney for Mr. Alvarez, that the Court should vacate the status conference scheduled for December 4, 2009, at 9:00 a.m., and reset it for January 29, 2010, at 9:00 a.m.

Counsel requires the continuance in order to review the Advisory Guideline Presentence Investigation Report with Mr. Alvarez, and to review a forthcoming plea offer from the government.

It is further stipulated by the parties that the Court should exclude the period from the date of this order through January 29, 2010, when it computes the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice served by granting Mr. Alvarez's request for a continuance outweigh the best interest of the public and Mr. Alvarez in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B) (Local Code T4).

Dated: November 30, 2009

Respectfully submitted,

DANIEL BRODERICK Federal Defender

MICHAEL PETRIK, Jr. Assistant Federal Defender Attorneys for Defendant

Dated: November 30, 2009

LAWRENCE G. BROWN United States Attorney

M. Petrik for Michael D. Anderson

MICHAEL D. ANDERSON Assistant U.S. Attorney

ORDER

IT IS SO ORDERED. The Court orders time excluded from the date of this order through the status conference on January 29, 2010, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B) (Local Code T4).

20091201

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