IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 14, 2011
UNITED STATES OF AMERICA,
ARNOLD D. BUTLER AND YOLANDA BANKS,
The opinion of the court was delivered by: John A. Mendez United States District Judge
CANDACE A. FRY CA Bar No. 68910 2401 Capitol Avenue Sacramento, CA 95816 Telephone: (916) 446-9322 FAX: (916) 446-0770 Attorney for YOLANDA BANKS, Defendant
REQUEST AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING
It is hereby requested by the defendants, through their respective counsel, that the status conference presently scheduled in the above matter for March 15, 2011, be continued to April 19, 2011, at 9:30 a.m.
The status of this case is as follows: as to defendant Butler, although a negotiated change of plea is contemplated, he has requested of his counsel that co-defendant Banks' case first be resolved; and, as to defendant Banks, negotiations to resolve this case continue and resolution by the next appearance date is desired. Accordingly, the defendants agree that time under the Speedy Trial Act shall be excluded through April 19, 2011, to provide reasonable time for defense preparation of the case, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) (Local Code T4), and request this court's entry of an order continuing the status conference to April 19, 2011, and excluding time through that date.
Counsel for the Government, Philip A. Ferrari, requested via telephone call to the court that the March 8 appearance proceed for the purpose of taking defendant Butler's change of plea. Defendant Butler is presently incarcerated in Butte County and it appears an inefficient use of resources to transport him here unless and until he is prepared to change his plea. Mr. Ferrari is presently on leave from his office.
IT IS SO ORDERED.
John A. Mendez
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