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United States of America v. Luis Enrique Cabrera-Hernandez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


September 28, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
LUIS ENRIQUE CABRERA-HERNANDEZ, AKA LUIS ENRIQUE HERNANDEZ, DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

BENJAMIN B. WAGNER United States Attorney MICHELE BECKWITH Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700

AMENDED STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

The parties request that the status conference in this case previously set for September 29, 2011, be continued to October 13, 2011 at 9:00 a.m. They stipulate that the time between September 29, 2011, and October 13, 2011 should be excluded from the calculation of time under the Speedy Trial Act. The parties need additional time to review the facts and evidence affecting guidelines calculations in this case. The parties stipulate that the ends of justice are served by granting the continuance so that counsel 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). 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. §(7)(B)(iv).

Respectfully submitted,

ORDER

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference previously set for September 29, 2011, be continued to October 13, 2011, at 9:00 a.m. Based on the representations of counsel and good cause appearing therefrom, the Court hereby finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time from September 29, 2011, to and including, the October 13, 2011, status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4.

IT IS SO ORDERED.

20110928

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