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United States of America v. Camilo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 3, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
CAMILO REYES, DEFENDANT.

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

AMENDED STIPULATION AND ORDER TO EXCLUDE TIME

The parties hereby stipulate that the status conference in this case be continued from January 28, 2010, to April 1, 2011, at 9:00 a.m. The parties stipulate that the time between January 28, 20110, and April 1, 2011, should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4. Specifically, Mr. Reyes is a Spanish-speaking client who needs to be advised of the direct consequences of any plea upon his immigration status. Counsel has requested Reyes' "A File" from Homeland Security. Mr. Reyes' counsel must have his immigration file so he can adequately advise his client pursuant to U.S. v. Padilla so he can get the advise of an immigration attorney as to the direct consequences of any plea. Therefore the parties have stipulated to continue the status conference in this case. The parties stipulate and agree 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)(7)(A).

Respectfully submitted

Date: January 27, 2011 /s/ Tim A. Pori

TIM A. PORI

Attorney for Defendant CAMILO REYES

Date: December 8, 2010 /s/ Michael D. Anderson (Authorized 12/8/10)

MICHAEL D. ANDERSON

Assistant U.S. Attorney

ORDER

IT IS HEREBY ORDERED that the Status Conference in the above-entitled matter is continued to April 1, 2011, at 9:00 a.m. before the Honorable Garland E. Burrell in courtroom number 10.

20110203

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