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United States v. Mercado

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


March 31, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
LUCIANO MERCADO, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Edward J. Garcia United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

Hon. Edward J. Garcia

The parties request that the status conference currently set for April 2, 2010, be continued to May 7, 2010, and stipulate that the time beginning April 2, 2010, and extending through May 7, 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. Therefore, the parties have agreed and respectfully request that the Court set the date of May 7, 2010, for the status conference.

The parties stipulate and agree that the 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).

Respectfully Submitted,

ORDER

For the reasons stated above, the status conference for the defendant's in case number CR. S-09-381-EJG, currently set for April 2, 2010, is continued to May 7, 2010; and the time beginning April 2, 2010, and extending through May 7, 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.

20100331

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