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United States of America v. Eligio Diaz-Barriga

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 3, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ELIGIO DIAZ-BARRIGA
DEFENDANT.

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

STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

Date: JANUARY 28, 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 January 7, 2011, at 9:00 a.m., and reset it for January 28, 2011, at 9:00 a.m.

Counsel for the defendant has not yet received a probation report. Further time to review the report and the plea agreement will be required once the report is received.

The parties further stipulate that the Court should exclude the period from the date of this order through January 28, 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: January 3, 2011 Respectfully submitted,

DANIEL BRODERICK Federal Defender /s/ C. Fein COURTNEY FEIN Assistant Federal Defender Dated: January 3, 2011 BENJAMIN B. WAGNER United States Attorney /s/ C.Fein for MICHELE BECKWITH Assistant U.S. Attorney

ORDER

IT IS SO ORDERED. The status conference is continued to January 28, 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 28, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

GARLAND E. BURRELL, JR. United States District Judge

20110103

© 1992-2011 VersusLaw Inc.



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