IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
September 29, 2011
UNITED STATES OF AMERICA,
GAULDRY T. ALMONTE-HERNANDEZ,
The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell, Jr.
STIPULATION AND [PROPOSED] ORDER
Date: September 30, 2011
Time: 9:00 a.m.
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Heiko P. Coppola, counsel for Plaintiff, and Assistant Federal Defender Jeffrey Staniels, counsel for defendant GAULDRY T. ALMONTE-HERNANDEZ, that the status conference scheduled for September 30, 2011, be vacated and the matter continued until December 9, 2011, for further status conference at the request of the defense.
The reason for the continuance is to allow for the presentation to the government of additional information pertinent to an outstanding sentencing factor ("Safety Valve" eligibility). The date selected also accounts for the logistics of conferring with Mr. Almonte-Hernandez who is being held at the Butte County Jail, and who requires the services of an interpreter.
IT IS FURTHER STIPULATED that time for trial under the Speedy Trial Act be excluded between September 30, 2011, and December 9, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv), Local Code T-4 (time to prepare).
IT IS SO STIPULATED.
Date: September 28, 2011 BENJAMIN B. WAGNER United States Attorney /s/ Heiko P. Coppola HEIKO P. COPPOLA Assistant United States Attorney Counsel for Plaintiff Date: September 28, 2011 DANIEL J. BRODERICK Federal Defender /s/ Jeffrey L. Staniels JEFFREY L. STANIELS Assistant Federal Defender Counsel for Defendant GAULDRY T. ALMONTE-HERNANDEZ
The above stipulation of the parties is accepted. The status conference set for September 30, 2011, is VACATED. This case is ordered to be re-calendared on December 9, 2011, for status conference.
The court finds, based on the reasons stated above, that the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial.
IT IS SO ORDERED.
GARLAND E. BURRELL, JR. United States District Judge
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