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United States v. Miranda-Carillas

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


September 23, 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: November 1, 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 November 1, 2010, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is September 27, 2010. The requested new date is November 1, 2010.

This continuance is requested to allow additional time to investigate a possible venue issue, as the defense believes that Mr. Miranda-Carillas was located in the Central District of California when he was found by ICE.

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.

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.

20100923

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