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United States v. Madrigal-Tapia

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


December 2, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ALFREDO MADRIGAL-TAPIA, DEFENDANT.

The opinion of the court was delivered by: Frank C. Damrell Jr. United States District Judge

STIPULATION AND ORDER TO CONTINUE STATUS HEARING AND TO EXCLUDE TIME PURSUANT TO THE SPEEDY TRIAL ACT

This case is currently scheduled for a status hearing on December 7, 2009. The attorneys for both parties have conferred and agree that additional time is needed for defense preparation and meetings between the parties with the goal being to resolve the case by way of a disposition.

The parties, through their respective counsel, hereby stipulate and agree that the status conference scheduled in this case for December 7, 2009, be continued until December 14, 2009. In addition, the parties stipulate that the time period from December 7, 2009, to December 14, 2009, be excluded under the Speedy Trial Act (18 U.S.C. §3161(h)(7)(B)(iv) and Local Code T4), due to the need to provide defense counsel with the reasonable time to prepare.

A proposed order is attached and lodged separately for the court's convenience.

Respectfully submitted, BENJAMIN B. WAGNER DANIEL BRODERICK United States Attorney Federal Defender Lexi Negin for Lexi Negin MICHAEL ANDERSON LEXI NEGIN Assistant U.S. Attorney Assistant Federal Defender Attorney for United States Attorney for Alfredo Madrigal-Tapia

For the reasons set forth in the stipulation of the parties, filed on December 2, 2009, IT IS HEREBY ORDERED that the status conference currently scheduled for December 7, 2009, be vacated and that the case be set for Monday, December 14, 2009, at 10:00 a.m. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' December 2, 2009 stipulation, the time under the Speedy Trial Act is excluded from December 7, 2009, through December 14, 2009, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare.

20091202

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