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United States v. Hernandez

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


January 4, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOSE HERNANDEZ, ET AL, DEFENDANTS.

The opinion of the court was delivered by: John A. Mendez United States District Court Judge

STIPULATION AND ORDER CONTINUING STATUS CONFERENCE Date: January 5, 2010 Time: 9:30 a.m.

Judge: Hon. John A. Mendez

IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Mary L. Grad, Assistant United States Attorney, together with counsel for defendant Edgar Morales, Toni H. Carbone, Esq., counsel for defendant Jose Hernandez, Arturo Hernandez, Esq., counsel for defendant Richardo Valenzuela, Caro Marks, Esq., and counsel for defendant Marvin Saenz, Dina L. Santos, Esq., that the status conference presently set for January 5, 2010 be continued to February 16, 2010, at 9:30 a.m., thus vacating the presently set status conference.

Counsel for the parties agree that this is an appropriate exclusion of time within the meaning of Title 18, United States Code§ 3161(h)(7)(B)(iv) (continuity of counsel/ reasonable time for effective preparation) and Local Code T4, and agree to exclude time from the date of the filing of the order until the date of the status conference, February 16, 2010.

IT IS SO STIPULATED.

GOOD CAUSE APPEARING, it is hereby ordered that the January 5, 2010 status conference be continued to February 16, 2010 at 9:30 a.m. I find that the ends of justice warrant an exclusion of time and that the defendant's need for continuity of counsel and reasonable time for effective preparation exceeds the public interest in a trial within 70 days. THEREFOR IT IS

FURTHER ORDERED that time be excluded pursuant to 18 U.S.C. § 3161 (h) (7) (B) (iv) and Local Code T4 from the date of this order to February 16, 2010.

IT IS SO ORDERED.

20100104

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