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United States v. Olivera-Rueles

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


July 20, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ISMAEL OLIVERA-RUELES, DEFENDANT.

The opinion of the court was delivered by: Judge Hon. Lawrence J. O'Neill

Date August 27, 2010

Time: 9:00 a.m.

STIPULATION TO CONTINUE STATUS CONFERENCE HEARING; ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the Status Conference Hearing in the above-captioned matter scheduled for July 23, 2010, may be continued to August 27, 2010, at 9:00 a.m.

The purpose for the requested continuance is for further investigation. The defense believes there are inaccuracies in defendant's purported criminal history. One of the errors has resulted in the mistaken interpretation that defendant has suffered a prior offense of a sexual nature, when in fact he has not. This has caused numerous difficulties for defendant, most notably his having been assaulted with a knife during a term of incarceration.

The defense has ordered, but not yet received, the records which relate to this issue. Once received, the defense will calendar a motion to correct the record in the Kings County Superior Court.

Defense also believes the DMV history attributed to defendant is not accurate. It is anticipated that a corrected record will result in changes to Probation's Presentence Report and potentially to the offer in this case.

The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for further defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B).

BENJAMIN B. WAGNER United States Attorney

DATED: July 20, 2010

SUSAN PHAN Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender

DATED: July 20, 2010

RACHEL W. HILL Assistant Federal Defender Attorney for Defendant ISMAEL OLIVERA-RUELES

ORDER

Time is excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B). Good cause exists for the stipulated continuance.

IT IS SO ORDERED.

Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE

20100720

© 1992-2010 VersusLaw Inc.



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