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United States v. Najera-Gordillo

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


May 3, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
FRANCISCO MIGUEL ANGEL NAJERA-GORDILLO, AKA MIGUEL ANGEL GONZALEZ, DEFENDANT.

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

AMENDED STIPULATION RESETTING TRIAL CONFIRMATION AND TRIAL DATES; PROPOSED ORDER

The parties, by and through their undersigned attorneys, HEREBY STIPULATE AND AGREE THAT:

* the trial confirmation date, currently set for June 25, 2010, at 10:00 a.m., be reset to August 6, 2010, at 10:00 a.m.; and

* the trial date, currently set for July 12, 2010, at 8:30 a.m., be reset to September 13, 2010 at 8:30 a.m.

The reason for the requested rescheduling is that the new trial date would prohibit Drug Enforcement Administration Special Agent Alicia Ramirez from attending the wedding of her brother in Columbia, South America. As SA Ramirez is the case agent and will be a witness at trial, the United States needs her to be in attendance at trial. When the trial date was previously rescheduled, the government was not aware of SA Ramirez' pre-existing international travel plans.

Additionally, the government will present Defendant NajeraGordillo with a final plea offer this week.

The parties also stipulate and agree that the current time exclusion under the Speedy Trial Act, under 18 U.S.C. § 3161(h)(7)(B)(iv) for defense preparation and continuity of counsel, be extended from July 12, 2010 to September 13, 2010.

ORDER

GOOD CAUSE SHOWN, in case number 2:05-cr-383 EJG, the trial confirmation is reset to August 6, 2010, at 10:00 a.m., and the trial date is reset to September 13, 2010, at 8:30 a.m. Time will be excluded, pursuant to 18 U.S.C. § 3161 3161(h)(7)(B)(iv) for defense preparation and continuity of counsel, to September 13, 2010.

IT IS SO ORDERED.

20100503

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