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United States v. Miranda-Carillas

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


August 20, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
OSCAR MIRANDA-CARILLAS, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii

STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON

Date: September 27, 2010

Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, SUSAN PHAN, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant Oscar Miranda-Carillas, that the date for status conference in this matter may be continued to September 27, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is August 23, 2010. The requested new date is September 27, 2010.

This continuance is requested because defense counsel has just learned that an ICE detainer may have been placed on Mr. Miranda-Carillas in the Central District of California after he was originally arrested in November 2007. Additional time is needed to investigate this possible venue issue.

The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendant in a speedy trial.

BENJAMIN B. WAGNER United States Attorney

DATED: August 19, 2010

SUSAN PHAN Assistant United States Attorney Attorney for Plaintiff

DANIEL J. BRODERICK Federal Defender

DATED: August 19, 2010

ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant OSCAR MIRANDA-CARILLAS

ORDER

IT IS SO ORDERED. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A).

IT IS SO ORDERED.

20100820

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