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United States v. Vergara-Soto

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


January 21, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
EDUARDO VERGARA-SOTO, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

STIPULATION TO CONTINUE CHANGE OF PLEA/TRIAL SETTING HEARING; ORDER

Date: February 1, 2010 Time: 9:00 A.M. Judge: Hon. Oliver W. Wanger

IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the change of plea/trial setting hearing in the above-captioned matter now set for January 25, 2010, may be continued to February 1, 2010, at 9:00 a.m.

This continuance is requested because defense counsel is currently engaged in trial in the matter of U.S. v. Freyling, Et al., 1:08-cr-00384 OWW, which commenced January 12, 2010, and anticipates trial will continue through the end of January, 2010, and she will not be available for hearing on the date now set. Further, counsel needs additional time to meet with the defendant in this instant matter to discuss the matter and to conduct further investigation and plea negotiation prior to hearing. Assistant United States Attorney Ian Garriques does not object to this request. The requested continuance will conserve time and resources for all parties and the court

The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for further defense preparation pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B).

BENJAMIN B. WAGNER United States Attorney

DATED: January 19, 2010

IAN GARRIQUES Assistant United States Attorney Attorney for Plaintiff

DANIEL J. BRODERICK Federal Defender

DATED: January 19, 2010

MELODY M. WALCOTT Assistant Federal Defender Attorney for Defendant EDUARDO VERGARA-SOTO

ORDER

IT IS SO ORDERED. Time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B).

IT IS SO ORDERED.

20100121

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