IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 21, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
ROBERTO CEJA-DEL TORRO, DEFENDANT.
The opinion of the court was delivered by: Judge: Hon. Oliver W. Wanger
STIPULATION TO CONTINUE STATUS CONFERENCE HEARING; ORDER
Date: February 1, 2010
IT IS HEREBY STIPULATED by and between the parties hereto and through their respective attorneys, that the status conference hearing in the above-captioned matter now scheduled 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 time shall be excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B) in that the ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant such a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
DATED: January 19, 2010
BENJAMIN B. WAGNER United States Attorney IAN GARRIQUES Assistant United States Attorney Attorney for Plaintiff
DANIEL J. BRODERICK Federal Defender MELODY M. WALCOTT Assistant Federal Defender Attorney for Defendant Roberto Ceja-Del Torro
IT IS SO ORDERED. Time is hereby excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B).
IT IS SO ORDERED.
Oliver W. Wanger UNITED STATES DISTRICT JUDGE
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