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United States v. Valencia

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


March 26, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MIGUEL VALENCIA, DEFENDANT.

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

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE Date: March 26, 2010 Time: 9:00 a.m.

IT IS HEREBY stipulated between the UNITED STATES OF AMERICA through its undersigned counsel, Jason Hitt, Assistant United States Attorney, together with counsel for defendant Miguel Valencia, John R. Manning, Esq., that the status conference presently set for March 26, 2010 be continued to April 23, 2010 at 9:00 a.m. for a change of plea, thus vacating the presently set status conference. Counsel for both parties agree that this is an appropriate exclusion of time within the meaning of Title 18, United States Code 3161 (h) (7) (B) (iv) (continuity of counsel/reasonable time for effective preparation, specifically, the requested continuance is based upon the need for final plea negotiations) and Local Code T4, and agree to exclude time from the date of the filing of the order until the date of the change of plea, April 23, 2010.

IT IS SO STIPULATED.

Dated: March 25, 2010

ORDER TO CONTINUE STATUS CONFERENCE

GOOD CAUSE APPEARING, it is hereby ordered that the March 26, 2010 status conference be continued to April 23, 2010 at 9:00 a.m. for a change of plea. I find that the ends of justice warrant an exclusion of time and that the defendant's need for continuity of counsel and reasonable time to for effective preparation exceeds the public interest in a trial within 70 days.

THEREFORE IT IS FURTHER ORDERED that time be excluded pursuant to 18 U.S.C. 3161 (h) (7) (B) (iv) and Local Code T4 from the date of this order to April 23, 2010.

IT IS SO ORDERED.

20100326

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