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United States v. Lopez

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


November 5, 2010

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

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

STIPULATION AND ORDER CONTINUING STATUS CONFERENCE DATE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT Court: Hon. Garland E. Burrell

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 November 5, 2010, status conference shall be continued to January 14, 2011, at 9:00 a.m.; and (2) time from the date of the parties' stipulation, November 4, 2010, through, and including, January 14, 2011, 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 January 14, 2011, to review discovery, conduct legal research, work on his defense investigation, and discuss a possible resolution with the prosecutor and his client. 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.

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, November 4, 2010, to and including the new January 14, 2011, 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 January 14, 2011, at 9:00 a.m.

20101105

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