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United States v. Presiado

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


July 7, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RAUL PRESIADO, DEFENDANT.

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

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

Date: July 16, 2010

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MICHAEL ANDERSON, Assistant United States Attorney, attorney for Plaintiff, and CARO MARKS, attorney for RAUL PRESIADO, that the status conference hearing date of July 9, 2010 be vacated, and the matter be set for status conference on July 16, 2010 at 9:00 am.

The reason for this continuance is to allow defense counsel to review the PSR and plea agreement, and then to review it with the defendant. Defense counsel has been away for a family emergency and needs the additional time to meet with the defendant, explore possible defenses, and review the "Alien Pre-Plea Presentence Report" and plea agreement.

Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including July 16, 2010 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.

DATED: July 7, 2010.

Respectfully submitted,

DANIEL J. BRODERICK Federal Public Defender

CARO MARKS Designated Counsel for Service Attorney for Raul Presiado

BENJAMIN WAGNER United States Attorney Caro Marks for MICHAEL ANDERSON Assistant U.S. Attorney Attorney for Plaintiff

ORDER

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the July 9, 2010, status conference hearing be continued to July 16, 2010, at 9:00 am. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the July 16, 2010 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.

GARLAND E. BURRELL, JR. United States District Judge

20100707

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