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United States of America v. Ericka Ortiz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION


August 24, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ERICKA ORTIZ,
DEFENDANT.

The opinion of the court was delivered by: Edward J. Davila United States District Court Judge

ELIZABETH C. PETERSON, State Bar No. 194561 WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304-1050 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 Email: epeterson@wsgr.com Attorneys for Defendant Ericka Ortiz

STIPULATION AND [PROPOSED] ORDER RESCHEDULING HEARING, EXCLUDING TIME Date: September 12, 2011 Time: 1:30 p.m. Court: The Hon. Edward J. Davila

The parties had scheduled before the Court a sentencing hearing for September 12, 2011, at 1:30 p.m.

The parties jointly request that the hearing be continued to October 17, 2011, at 1:30 p.m.

The parties agree that the interests of justice are served by this continuance, which will permit 24 the parties reasonable time necessary for effective preparation for the sentencing hearing, and 25 thus the time from September 12, 2011, through and including October 17, 2011, should be excluded pursuant to the Speedy Trial Act, Title 18, United States Code, Section 3161(h)(7)(A), (B)(iv). The United States Probation Officer assigned to this matter has likewise agreed to this 3 continuance.

IT IS SO STIPULATED.

ORDER

Based upon the stipulation of the parties, and for good cause shown, IT IS HEREBY ORDERED THAT the parties' sentencing hearing be rescheduled to October 17, 2011, at 1:30 5 p.m.

For good cause shown, the Court further finds that failing to exclude the time from September 12, 2011, through and including October 17, 2011, would deny counsel the 8 reasonable time necessary for effective preparation, taking into account the exercise of due 9 diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served 10 by excluding the time from September 12, 2011, through and including October 17, 2011, from 11 computation under the Speedy Trial Act outweigh the best interests of the public and the 12 defendant in a speedy trial.

IT IS SO ORDERED.

Therefore, IT IS HEREBY FURTHER ORDERED that the time from September 12, 2011, through and including October 17, 2011, shall be excluded from computation under the Speedy Trial Act. 18 U.S.C. § 3161(h)(7)A) and (B)(iv).

20110824

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