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United States of America v. Jose Gutierrez-Valenzuela

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


June 30, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JOSE GUTIERREZ-VALENZUELA,

The opinion of the court was delivered by: Judge: Hon. Oliver W. Wanger

BENJAMIN B. WAGNER United States Attorney IAN L. GARRIQUES Assistant U.S. Attorney 2500 Tulare Street, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for the United States of America

STIPULATION TO CONTINUE MOTION SCHEDULE AND MOTION HEARING; ORDER

Date: July 25, 2011 Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the government's response to defendant's pending motion to dismiss shall be filed by July 13, 2011, any reply shall be filed by July 20, 2011, and the hearing on the motion now set for July 18, 2011, may be continued to July 25, 2011, at 9:00 a.m.

The reason for the continuance is to allow for further case preparation, investigation, and plea negotiations. 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 and that the delay from the continuance shall be excluded from the calculation of time under the Speedy Trial Act pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).

Respectfully submitted,

ORDER

The intervening period of delay shall be excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and

IT IS SO ORDERED. 3161(h)(7)(B)(iv).

Oliver W. Wanger UNITED STATES DISTRICT JUDGE

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20110630

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