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United States of America v. Jose Pena

September 22, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JOSE PENA, ET.AL.
DEFENDANTS.



The opinion of the court was delivered by: Hon. John A. Mendez U.S. District Judge

BENJAMIN B. WAGNER United States Attorney HEIKO P. COPPOLA Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2770

STIPULATION AND ORDER TO EXCLUDE TIME

The parties request that the status conference in this case be continued from September 27, 2011 to November 1, 2011 at 9:30 a.m. They stipulate that the time between September 27, 2011 and November 1, 2011 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4. Specifically, all defense counsel need additional time to review the discovery already provided and to conduct further investigation of the case. Defense counsel for Mr. Cruz was recently appointed and Mr. Contreras also has new defense counsel, both of whom need additional time to review the discovery and perform investigation. 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. 18 U.S.C. § 3161(h)(7)(A).

Respectfully Submitted,

SO ORDERED.

John A. Mendez

20110922

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