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United States v. Rosales-Wenceslao

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


September 10, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GRIJALBA ROSALES-WENCESLAO, DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE

The parties request that the status conference currently set for Friday, September 10, 2010 at 9:00 a.m., be continued to Friday, October 29, 2010 at 9:00 a.m., and stipulate that the time beginning Friday, September 10, 2010 and extending through October 29, 2010 should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.

The parties are currently involved in pre-trial negotiations and discussing possible resolutions. The case is likely to resolve but more time is needed for defense counsel to meet and confer with his client, for the attorneys to continue their negotiations, and for the government to conduct follow-up investigation based on facts that have come to light in the negotiations.

Accordingly, the parties believe that the continuance should be excluded from the calculation of time under the Speedy Trial Act.

The additional time is necessary to ensure effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4. The interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney DANIEL S. McCONKIE

DATED: September 9, 2010 By: Assistant U.S. Attorney Daniel S. McConkie for DATED: September 9, 2010 By: Robert Forkner

Attorney for the Defendant by telephonic authorization ORDER The status conference currently set for Friday, September 10, 2010 at 9:00 a.m., is continued to October 29, 2010 at 9:00 a.m., and the time beginning September 10, 2010 and extending through October 29, 2010 is excluded from the calculation of time under the Speedy Trial Act in accordance with 18 U.S.C. § 3161 and Local Code T4.

IT IS SO ORDERED.

20100910

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