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United States v. Galvan

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


January 13, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RAFAEL GALVAN DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

STIPULATION AND ORDER TO CONTINUE AND EXCLUDE TIME

The parties request that the status conference in this case be continued from January 14, 2010 to January 28, 2010 at 9:00 a.m. They stipulate that the time between January 14, 2010 and January 28, 2010 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4. Specifically, a plea agreement has been provided to the defendant. The defendant and his attorney need additional time to discuss the plea agreement, review the pertinent discovery related to the plea agreement, and to prepare for the defendant's change of plea hearing. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

Respectfully Submitted,

BENJAMIN B. WAGNER United States Attorney

DATE: January 13, 2010

HEIKO P. COPPOLA Assistant U.S. Attorney

DATE: January 13, 2010

Patrick K. Hanly*fn1 Attorney for Defendant

IT IS SO ORDERED.


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