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United States v. Ruiz

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


November 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MIGUEL RONQUI RUIZ, DEFENDANT.

The opinion of the court was delivered by: Honorable Gregory G. Hollows United States Magistrate Judge

STIPULATION AND ORDER CONTINUING PRELIMINARY HEARING

IT IS HEREBY STIPULATED between Plaintiff United States of America, by and through Assistant United States Attorney Todd D. Leras, and Attorney Dina L. Santos, Counsel for Defendant Miguel Ronqui Ruiz, that the preliminary hearing scheduled for November 22, 2010 be continued to November 30, 2010, at 2:00 p.m.

The government has provided defense counsel with discovery, a draft plea agreement and other documents in an effort to reach pre-indictment resolution of the case. Defense counsel needs additional time to review the documents, using the assistance of a Spanish interpreter to answer defendant's questions about the various documents and the proposed resolution.

The government and defendant agree that the combination of the settlement proposal and review of documents constitutes good cause to extend the time for preliminary hearing under Federal Rule of Criminal Procedure 5.1(d), as well as under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(B)(iv). This exclusion of time includes the period up to and including November 30, 2010.

Dina Santos agrees to this request and has authorized Assistant United States Attorney Todd D. Leras to sign this stipulation on her behalf.

DATED: November 19, 2010

IT IS HEREBY ORDERED:

1. The preliminary hearing set for November 22, 2010, is continued to November 30, 2010, at 2:00 p.m.

2. Based on the stipulations and representations of the parties, the Court finds good cause to extend the time for the preliminary hearing, and time is excluded up to and including November 30, 2010. (18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4 (reasonable time to prepare)).

IT IS SO ORDERED.

20101122

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