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United States v. Abarca

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


February 12, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ADOLFO FLORES ABARCA, AND JOSE FLORES ABARCA, DEFENDANTS.

ORDER FOLLOWING STATUS CONFERENCE EXCLUDING TIME

This matter came on for a status conference on February 9, 2010, at 9:15 a.m. Assistant United States Attorney Jason Hitt appeared on behalf of the United States of America and appointed counsel Hayes H. Gable, Esq., appeared on behalf of defendant Adolfo ABARCA and appointed counsel James R. Greiner, Esq., appeared on behalf of defendant Jose ABARCA. Both defendants were present in custody and both were assisted by a Spanish-language interpreter.

Counsel for both defendants indicated that additional time was needed to pursue resolution of the case against their clients. Counsel for the government agreed that additional time to resolve the case was needed. As a result, the parties agreed that a further status would be appropriate and that time should be excluded under the Speedy Trial Act because the ends of justice are served by the Court excluding such time, and agreed that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial so that counsel for the defendant may have reasonable time necessary for effective defense in this case, taking into account the exercise of due diligence the in the interests of justice under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4.

Therefore, based upon the representations of the parties at the February 9, 2010 status conference, IT IS HEREBY ORDERED that:

(1) A further status conference in this case is set for April 20, 2010, at 9:15 a.m.; and

(2) Time is excluded under the Speedy Trial Act up to, and including, April 20, 2010, at 9:15 a.m. because the interests of justice are served by granting this continuance and outweigh the best interests of the public and the defendant in a speedy trial under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4.

20100212

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