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United States v. Murillo

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


March 15, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DEBORAH MURILLO, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE

Stipulation

The parties are continuing the process of negotiating a plea agreement and continue to believe the case will resolve short of trial. The IRS Revenue Agent reviewed the initial tax returns prepared by the defendant for the indicted time frame. In light of that agent's report, the defendant amended some of the returns and re-submitted them. The Revenue Agent needs time to review them. This process relates to the determination of the amount of loss, which drives the sentencing guidelines in this case. After hearing from the Revenue Agent, the prosecutor will prepare and submit a proposed plea agreement to defense counsel, who will need time to review it with the defendant. Therefore, the parties, through undersigned counsel, stipulate that the status conference may be continued from March 12, 2010, to Friday, May 7, 2010, at 9:00 a.m.

The parties further stipulate that time may be excluded from the speedy trial calculation under the Speedy Trial Act through the new status conference date of May 7, 2010, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, for counsel preparation, because the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial.

Defense counsel has authorized the prosecutor to sign this stipulation on her behalf.

DATED: March 8, 2010

BENJAMIN B. WAGNER United States Attorney

Samantha S. Spangler Assistant U.S. Attorney

Samantha S. Spangler for Betty J. Williams Counsel for Defendant Deborah Murillo

Order

Good cause appearing, the status conference scheduled for March 12, 2010, is continued to Friday, May 7, 2010, at 9:00 a.m. The Court finds that the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial. Therefore, time is excluded from the speedy trial calculation under the Speedy Trial Act through the new status conference date of May 7, 2010, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4.

IT IS SO ORDERED.

20100315

© 1992-2010 VersusLaw Inc.



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