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United States of America v. Homogono Gutierrez-Cisneros

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


October 4, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
HOMOGONO GUTIERREZ-CISNEROS, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell Jr.

STIPULATION AND [PROPOSED] ORDER; CONTINUING STATUS CONFERENCE ) AND EXCLUDING TIME

Date: October 21, 2011 Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MICHELE BECKWITH, Assistant United States Attorney, attorney for Plaintiff, and CARO MARKS, attorney for HOMOGONO GUTIERREZ-CISNEROS, that the status conference hearing date of October 7, 2011 be vacated, and the matter be set for status conference on October 21, 2011 at 9:00 a.m.

The reason for this continuance is to allow the government time to prepare and offer the defense a plea agreement, and to give defense counsel time to receive the plea agreement and then to review it with the defendant.

Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including October 21, 2011 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.

Respectfully submitted,

DATED: October 4, 2011. DANIEL J. BRODERICK Federal Public Defender /s/ Caro Marks CARO MARKS Designated Counsel for Service Attorney for: Homogono Gutierrez-Cisneros DATED: October 4, 2011. BENJAMIN WAGNER United States Attorney /s/ Caro Marks for MICHELE BECKWITH Assistant U.S. Attorney Attorney for Plaintiff

ORDER UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the October 7, 2011, status conference hearing be continued to October 21, 2011, at 9:00 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court 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 up to and including the October 21, 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)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.

GARLAND E. BURRELL, JR. United States District Judge

20111004

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