IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 22, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
JOSE ANTONIO SANTIAGO, DEFENDANT.
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE Date: February 1, 2010 Time: 8:30 a.m. Judge: William B. Shubb
IT IS HEREBY STIPULATED between the parties, Michael Anderson, Assistant United States Attorney, and Douglas J. Beevers, Assistant Federal Defender, attorney for defendant Jose Antonio Santiago, that the status conference of January 25, 2010, be vacated, and the matter be set for status conference on February 1, 2010, at 8:30 a.m.
The reason for this continuance is because defense counsel will not be available as he is presently in trial before this Court in the matter of United States v. Eldon Ray Cibart.
IT IS FURTHER STIPULATED and agreed between the parties that the period from the signing of this Order, up to and including February 1, 2010, be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, for ongoing preparation of counsel.
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for January 25, 2010, be continued to Monday, February 1, 2010, at 8:30 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time from the date of this Order, to and including, the February 1, 2010, status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4, to allow defense counsel time to prepare.
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