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United States v. Lopez

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


October 2, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GUILLERMO CRUZ LOPEZ, DEFENDANT.

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

STIPULATION AND ORDER CONTINUING STATUS CONFERENCE DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

It is hereby stipulated and agreed by and between plaintiff United States of America, on the one hand, and defendant Guillermo Cruz Lopez, on the other hand, through their respective attorneys, that: (1) the presently set October 1, 2010, status conference shall be continued to November 5, 2010, at 9:00 a.m.; and (2) time from the date of the parties' stipulation, September 30, 2010, through, and including, November 5, 2010, 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)(A) and (B)(iv) and T4 (reasonable time for defense counsel to prepare).

The parties note and represent that Gilbert Roque, Esq., was only officially appointed by the Court to represent defendant Guillermo Cruz Lopez on September 29, 2010, and Mr. Roque will need the time between now and November 5, 2010, to review discovery, conduct legal research, and begin his defense investigation. Based on these facts, the parties stipulate and agree that the trial delay and exclusion of time requested herein is necessary to provide defense counsel reasonable time to prepare his client's defense taking into account due diligence. The parties further stipulate and agree that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and the defendant in a speedy trial.

Dated: September 30, 2010

GILBERT ROQUE Attorney for Defendant Guillermo Cruz Lopez (per telephone authorization)

Dated: September 30, 2010

BENJAMIN B. WAGNER UNITED STATES ATTORNEY SAMUEL WONG Assistant U.S. Attorney

ORDER

The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court finds that the failure to grant a continuance in this case would deny defense counsel 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 the requested continuance outweigh the best interests of the public and the defendant in a speedy trial.

The Court orders that the time from the date of the parties' stipulation, September 30, 2010, to and including the new November 5, 2010, status conference hearing date shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv), and Local Code T4 (reasonable time for defense counsel to prepare). It is further ordered that a status conference shall be held on November 5, 2010, at 9:00 a.m.

GARLAND E. BURRELL, JR. United States District Judge

20101002

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