The opinion of the court was delivered by: Hon. William Alsup United States District Court Judge
Current Date: February 17, 2011 Proposed Date: March 14, 2011 Location: Courtroom 9, 19th Floor
STIPULATION AND [PROPOSED] ORDER CONTINUING PRE-TRIAL CONFERENCE , VACATING JURY TRIAL AND EXCLUDING TIME
The above-captioned case is currently scheduled for a pre-trial conference on Thursday, February 17, 2011. However, the parties have reached an agreement that will prevent the need for a jury-trial. The parties have agreed to proceed by way of a stipulated facts bench trial so that Mr. Gonzalez can preserve his right to appeal. However, before the bench trial, the parties need to 26 have the drugs re-weighed and come to an agreement regarding the factual stipulation. For good cause shown, the status conference now Pursuant to stipulation, the pretrial conference scheduled scheduled for Friday, February 17, 2011 is for Thursday, vacated. The matter shall be added to the Court's calendar on Friday, March 14, 2011. Further, for and the jury trial scheduled for February 28, 2011, are vacated. A new pretrial conference is is scheduled for Wednesday, March 16, 2011, at 2:00 p.m. 11 good cause shown, the jury trial currently set for February 28 be vacated.
In addition, for the reasons stated
In addition, above, the Court finds that an exclusion of time from February 17, 2011 through March 14, 2011 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. See U.S.C. §3161 (h)(8)(A). The failure to grant the requested continuance would deny defense 16 counsel the reasonable time necessary for effective preparation, taking into account the exercise of 17 due diligence, and would result in a miscarriage of justice. See 18 U.S.C. §3161(h)(8)(B)(iv). To date, all time has been excluded under the Speedy Trial Act, Title 18, United States Code, section 3161 and seventy days remain on the Speedy Trial clock. The Speedy Trial date for this matter is therefore May 20, 2011.
Stip. and [Proposed] order continuing pre- 3 Case No. CR-10-834 trial conference.
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