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United States v. Villa

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


February 24, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JUAN VILLA, JR., MARICELLA VILLA, AND ALEX HERNANDEZ, DEFENDANTS.

STIPULATION AND [PROPOSED] ORDER RESCHEDULING STATUS CONFERENCE, AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

On February 11, 2010, the court issued a Minute Order continuing the status conference in this case from February 16, 2010, to March 1, 2010. The parties stipulate that the time beginning February 16, 2010, and extending through March 1, 2010, should be excluded from the calculation of time under the Speedy Trial Act. The parties submit that the ends of justice are served by the Court excluding such time, so that counsel for each defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4.

The parties need additional time for preparation. Moreover, James Greiner began representing Juan Villa, Jr. on August 28, 2009, and is still in the process of reviewing the discovery in this case. Therefore, the parties have agreed and respectfully request that the Court reschedule the status conference for March 1, 2010, at 8:30 a.m. Accordingly, the parties stipulate that time be excluded pursuant to 18 U.S.C. § 3161(h)(7)(iv), Local Code T4.

IT IS SO STIPULATED.

ORDER

For the reasons stated above, the status conference in case number CR. S-07-0515 WBS, currently set for February 16, 2010, is continued to March 1, 2010; and the time beginning February 16, 2010, and extending through March 1, 2010, is excluded from the calculation of time under the Speedy Trial Act for effective defense preparation. The Court finds that interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

IT IS SO ORDERED.

20100224

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