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United States v. Aviles

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


December 16, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SANTIAGO DE JESUS AVILES, DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON

Date: February 12, 2010 Time: 9:00 a.m. Judge: Hon. Lawrence J. O'Neill

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, SUSAN PHAN, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant, Santiago de Jesus Aviles, that the date for status conference may be continued to February 12, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is December 18, 2009. The requested new date is February 12, 2010 at 9:00 a.m..

Mr. Aviles is charged with a single count of being a Deported Alien Found in the United States, in violation of 8 U.S.C. § 1326(a) and (b)(2). He was arraigned and pled not guilty on December 11, 2009. It appears that this case may be appropriate for a fast-track disposition. This continuance is requested to allow time for the preparation of a pre-plea Presentence Investigation Report and for plea negotiations which may result in a resolution of this matter.

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). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendant in a speedy trial.

BENJAMIN WAGNER United States Attorney

DATED: December 16, 2009

SUSAN PHAN Assistant United States Attorney Attorney for Plaintiff

DANIEL J. BRODERICK Federal Defender

DATED: December 16, 2009

ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant SANTIAGO DE JESUS AVILES

ORDER

GOOD CAUSE EXISTS FOR THE REQUESTED CONTINUANCE. 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).

IT IS SO ORDERED.

20091216

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