The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill
DANIEL J. BRODERICK, Bar #89424 Federal Defender RACHEL W. HILL, Bar #151522 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant MIGUEL ANGEL ZARCO
Date October 21, 2011 Time: 8:30 a.m.
STIPULATION TO CONTINUE STATUS CONFERENCE HEARING; ORDER of Denial THEREON
IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the Status Conference Hearing in the above-captioned matter scheduled for September 23, 2011, may be continued to October 21, 2011, at 8:30 a.m.
The continuance is requested due to the unavailability of defense counsel, Defendant's housing in a remote facility (Bakersfield), and continued defense preparation and plea negotiations. The requested continuance will conserve time and resources for both counsel and the court.
The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for further defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B).
THE CURRENTLY SET DATE IS FIVE (5) WEEKS AWAY. THE DEFENDANT, QUITE FRANKLY COULD BE HOUSED OUT OF STATE, STILL GIVING COUNSEL ADEQUATE TIME TO MEET AND CONFER BEFORE THE HEARING. THERE IS NO FACTUAL BASIS TO ESTABLISH THE UNAVAILABILITY OF COUNSEL BETWEEN NOW AND THEN. THE MOTION PURSUANT TO STIPULATION DOES NOT PROVIDE THE COURT WITH THE NEEDED GOOD CAUSE UPON WHICH TO RELY TO CONTINUE THE CASE. THE REQUEST IS DENIED WITHOUT PREJUDICE.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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