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United States v. Torres

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


October 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MANUAL TORRES, AND JOSE MIGUEL GARCIA, DEFENDANTS.

ORDER CONTINUING STATUS CONFERENCE

The parties appeared before the Court on Wednesday, October 13, 2010, in case number CR S-08-0414 LKK. At that time, based upon the representations and agreement of all counsel, the Court ordered that the status conference, be continued to October 26, 2010, at 9:15 a.m., and that the time between the two above dates was excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.

The exclusion of time is appropriate due to the defense counsels' need to prepare. 18 U.S.C. § 3161(h)(8)(B)(ii) and (iv); Local Code T4. A continuance is necessary in this case in order to ensure defense counsel has a reasonable amount of time to review the evidence and prepare for motions given the limitations imposed by Congress. It's also necessary to ensure defense counsel's effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4.

ACCORDINGLY, it is hereby ordered that the status conference be set for October 26, 2010, at 9:15 a.m., and that the time beginning October 13, 2010, and extending through October 26, 2010, be excluded from the calculation of time under the Speedy Trial Act. The Court finds that 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)(8)(A).

IT IS SO ORDERED.

20101022

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