UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 8, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell, Jr.
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE
Date: JANUARY 7, 2011 Time: 9:00 a.m.
THE PARTIES STIPULATE, through counsel, Michele Beckwith, Assistant United States Attorney, and Courtney Fein, Assistant Federal Defender, attorney for ELIGIO DIAZ-BARRIGA, that the Court should vacate the status conference scheduled for December 10, 2010, at 9:00 a.m., and reset it for January 7, 2011, at 9:00 a.m.
Counsel for the defendant requires further time to review discovery, discuss the contents of the discovery with her client, and has not yet received a probation report.
The parties further stipulate that the Court should exclude the period from the date of this order through January 7, 2011, when it computes the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice served by granting the defendant's request for a continuance outweigh the best interest of the public and the defendant in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) (Local Code T4). Dated: December 7, 2010 Respectfully submitted,
IT IS SO ORDERED. The status conference is continued to January 7, 2011 at 9:00 a.m. The court finds that a continuance is necessary for the reasons stated above, and further finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. Time is therefore excluded from the date of this order through January 7, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
GARLAND E. BURRELL, JR. United States District Judge
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