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United States of America v. Bautisto Franco

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 24, 2011

UNITED STATES OF AMERICA, PLAINTIFF
v.
BAUTISTO FRANCO, DEFENDANT

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

KAREN L. LYNCH #161088 Karen L. Lynch, Inc. 1204 West Shaw Avenue, Suite 102 Fresno, California 93711 Telephone (559) 478-4370 Facsimile (559) 478-5073 Attorney for Defendant, Bautisto Franco,

STIPULATION TO CONTINUE STATUS CONFERENCE TO; ORDER THEREON

IT IS HEREBY STIPULATED by and between the parties hereto that the Status Conference hearing currently set for August 25, 2011 at 10:00 a.m. in the above captioned matter and Courtroom, be continued to September 22, 2011at Defendant is a member of the Tule River tribe, and defense counsel has been communicating with tribe representatives regarding volunteer community service and a mentor program and only recently has made contact with a person who can assist in that regard, but there is paperwork that needs to be completed including a HIPPA form that defense counsel has not obtained. The week prior to the requested continuance date defense counsel is scheduled to be at a State Bar Convention event, so is unavailable on September 15, 2011. The extra time is needed by defense counsel, because there is a bureaucracy that she is dealing with in order to place her client in an appropriate community service program that will also be suitable to the government.

This continuance will conserve time and resources for both parties and the court. The parties agree that the delay resulting from the continuance shall be excluded in the interest of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A).

ORDER

The Court, having reviewed the above request for a Continuance of Status Conference until September 22, 2011 at 9:15 am and Order Thereon, and having found good cause for the continuance on the basis the continuance will conserve time and resources of the parties and the Court thus serving the ends of justice which outweighs the best interests of the public and the defendant's right to a speedy trial,

HEREBY ORDERS AS FOLLOWS:

The Status Conference Hearing currently scheduled for August 25, 2011, shall be continued to September 22, 2011 at 9:15 am. Time shall be excluded between August 25, 2011 and September 22, 2011.

IT IS SO ORDERED.

DEAC_Signature-END:

3b142a

20110824

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