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United States v. Madrigal-Madrigal

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


July 15, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
VICENTE MADRIGAL-MADRIGAL, DEFENDANT.

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

STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

Date: July 23, 2010

IT IS HEREBY STIPULATED between the parties, Michael Anderson, Assistant United States Attorney, and Douglas J. Beevers, Assistant Federal Defender, attorney for defendant VICENTE MADRIGAL-MADRIGAL, that the status conference of July 16, 2010 at 9:00 a.m., be vacated, and the matter be set for status conference on July 23, 2010 at 9:00 a.m.

The reason for the continuance is to allow the parties additional time to negotiate a resolution in this matter. The parties agree a continuance is necessary for this purpose, and agree to exclude time under the Speedy Trial Act accordingly.

IT IS STIPULATED that the period from the signing of this Order, up to and including July 23, 2010, be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4, for ongoing preparation of counsel.

Dated: July 13, 2010

Respectfully submitted,

DANIEL BRODERICK Federal Defender DOUGLAS BEEVERS Assistant Federal Defender Attorney for Defendant BRET LEE HARTMAN

BENJAMIN B. WAGNER Acting United States Attorney By: MICHAEL ANDERSON Assistant U.S. Attorney

ORDER

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for July 16, 2010, be continued to July 23, 2010 at 9:00 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defendant 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 from the date of this Order, to and including, the July 23, 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)(B)(iv) and Local Code T-4, to allow defense counsel time to prepare.

GARLAND E. BURRELL, JR. United States District Judge

20100715

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