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United States v. Santiago

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


December 4, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE SANTIAGO, DEFENDANT.

The opinion of the court was delivered by: Judge Hon. William B. Shubb

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE Date: January 4, 2010 Time: 8:30 a.m.

It is hereby stipulated between the parties, Michael Anderson, Assistant United States Attorney, attorney for plaintiff and Douglas J. Beevers, Assistant Federal Defender, attorney for defendant, JOSE SANTIAGO, that the Status Conference hearing date of December 7, 2009 at 8:30 a.m. be vacated and a new Status Conference hearing date of January 4, 2010, at 8:30 a.m. be set.

The grounds for the continuance are that the parties are still negotiating a disposition, but have not finished verifying details in the pre-plea pre-sentence report. Defense counsel needs time to investigate and to review the offer with the defendant. The parties agree a continuance is necessary for this purpose, and agree to exclude time under the Speedy Trial Act accordingly.

It is further stipulated that the period from December 7, 2009, through and including January 4, 2010, should be excluded pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4 based upon continuity of counsel and defense preparation.

ORDER

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for December 7, 2009 be continued to January 4, 2010, at 8:30 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 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. It is ordered that time from the date of this Order, to and including the January 4, 2010 status conference, shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4, to allow defense counsel time to prepare.

IT IS SO ORDERED.

20091204

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