IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
March 11, 2011
UNITED STATES OF AMERICA, PLAINTIFF,
The opinion of the court was delivered by: The Honorable William Alsup United States District Court Judge
MARCH 15, 2011 AND PROCEED TO 14 NEXT DATE ON MARCH 28, 2011 FOR A CHANGE OF PLEA AND EXCLUDE TIME UNDER U.S.C. § 3161 STIPULATION AND [PROPOSED] ORDER TO VACATE HEARING ON
The parties hereby agree to vacate the change of plea hearing in the above-captioned matter on Tuesday, March 15, 2011 and appear on the already set date on March 28, 2011 at 2:00 p.m. for change of plea only. A new sentencing date will be set at the March 28th appearance. The reason for the continuance is that new counsel has recently been appointed for Mr. Rubio-Lara and counsel needs time to review the case and meet and confer with his new client. The requested continuance takes into account the absence of defense counsel from the district for a period of 13 days during the month of March.
STIPULATION AND [PROPOSED] ORDER;
GOOD CAUSE APPEARING, the Court finds that the change of plea hearing previously set for Tuesday, March 15, 2011 shall be vacated. The parties will appear for a change of plea 4 hearing on March 28, 2011 at 2:00 p.m. and a new date for sentencing will be set at that 5 appearance. The Court also finds that the continuance of time for the next appearance in this 6 case from March 15, 2011 to March 28, 2011 is warranted and that the ends of justice served by 7 the continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161 (h)(7)(A). The failure to grant the requested continuance would deny the 9 defendant effective preparation of counsel, and would result in a miscarriage of justice.
U.S.C. § 3161(h)(7)(B)(iv).
IT IS SO ORDERED.
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