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United States v. Delgado-Rivera

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


December 10, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FRANCISCO DELGADO-RIVERA, DEFENDANT.

The opinion of the court was delivered by: Edward J. Garcia 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 11, 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 11, 2009, be continued until December 18, 2009. In addition, the parties stipulate that the time period from December 11, 2009, to December 18, 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.

DATED: December 10, 2009

Respectfully submitted,

BENJAMIN B. WAGNER DANIEL BRODERICK United States Attorney Federal Defender

MICHAEL ANDERSON Assistant U.S. Attorney Attorney for United States

LEXI NEGIN Assistant Federal Defender Attorney for Francisco Delgado-Rivera

For the reasons set forth in the stipulation of the parties, filed on December 10, 2009, IT IS HEREBY ORDERED that the status conference currently scheduled for December 11, 2009, be vacated and that the case be set for Friday, December 18, 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 speedy trial. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' December 10, 2009 stipulation, the time under the Speedy Trial Act is excluded from December 11, 2009, through and including December 18, 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.

20091210

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