IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 2, 2011
UNITED STATES OF AMERICA, PLAINTIFF,
The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill
DANIEL J. BRODERICK, Bar #89424 Federal Defender ERIC V. KERSTEN, Bar #226429 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant MIGUEL CARRION
Date: December 12, 2011 Time: 1:00 p.m.
STIPULATION TO CONTINUE STATUS CONFERENCE AND [PROPOSED] ORDER THEREON
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, YASHAR NILCHIAN, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant Miguel Carrion, that the date for status conference may be continued to December 12, 2011, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is November 4, 2011 at 9:00 a.m. The requested new date is December 12, 2011 at 1:00 p.m.
The defense believes that venue in this matter may properly lie in the Central District of California but has not yet been able to obtain documentary proof of this matter. This continuance is requested to allow additional time for investigation in an attempt to obtain documents that will establish definitively in which district venue lies.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendant in a speedy trial.
ORDER IT IS GRANTED. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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