UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 7, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
MARCOS MIRANDA-LUNA, DEFENDANT.
The opinion of the court was delivered by: Hon. Edward J. Garcia United States District Judge
STIPULATION AND [PROPOSED] ORDER Date: January 15, 2010 Time: 10:00 a.m.
Judge: Hon. Edward J. Garcia
IT IS HEREBY STIPULATED by the parties, through counsel, Michael D. Anderson, Assistant United States Attorney, and Michael Petrik, Jr., attorney for Mr. Miranda-Luna, that the Court should vacate the status conference scheduled for January 15, 2010, at 10:00 a.m., and reset it for February 5, 2010, at 10:00 a.m.
Counsel for Mr. Miranda-Luna has yet to receive the Pre-Plea Advisory Guideline Presentence Investigation Report. Counsel requires the continuance in order to receive the report, and review it with Mr. Miranda-Luna.
It is further stipulated by the parties that the Court should exclude the period from the date of this order through February 5, 2010, when it computes the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice served by granting Mr. Miranda-Luna's request for a continuance outweigh the best interest of the public and Mr. Miranda-Luna in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B) (Local Code T4).
Dated: January 7, 2010 Respectfully submitted, DANIEL BRODERICK Federal Defender MICHAEL PETRIK, Jr. Assistant Federal Defender Attorneys for Defendant
Dated: January 7, 2010 LAWRENCE G. BROWN United States Attorney M.Petrik for Michael D. Anderson MICHAEL D. ANDERSON Assistant U.S. Attorney
IT IS SO ORDERED.
The Court orders time excluded from the date of this order through the status conference on February 5, 2010, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B) (Local Code T4).
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