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United States v. Aviles

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


February 10, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SANTIAGO DE JESUS AVILES, DEFENDANT.

The opinion of the court was delivered by: Judge Hon. Lawrence J. O'Neill

STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON Date: March 26, 2010 Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, SUSAN PHAN, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant, Santiago de Jesus Aviles, that the date for status conference may be continued to March 26, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is February 12, 2010. The requested new date is March 26, 2010 at 9:00 a.m..

Mr. Aviles is charged with a single count of being a Deported Alien Found in the United States, in violation of 8 U.S.C. § 1326(a) and (b)(2). It appears that this case may be appropriate for a fast-track disposition. A pre-plea PSR worksheet was completed in December; however, through inadvertence, the worksheet was not forwarded to the United States Probation Office. This continuance is requested to allow time for the preparation of a pre-plea Presentence Investigation Report and for consideration of a possible fast-track plea offer.

The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendant in a speedy trial.

ORDER

The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).

IT IS SO ORDERED.

Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

20100210

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