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United States of America v. Homogono Gutierrez-Cisneros

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


November 3, 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.

DANIEL J. BRODERICK, Bar #89424 Federal Defender CARO MARKS, Bar #159267 Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant HOMOGONO GUTIERREZ-CISNEROS

STIPULATION AND [PROPOSED] ORDER; CONTINUING STATUS CONFERENCE AND EXCLUDING TIME Date: November 18, 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 November 4, 2011 be vacated, and the matter be set for status conference on November 18, 2011 at 9:00 a.m.

The reason for this continuance is to allow defense counsel time to review the Presentence Report and the plea agreement with the defendant, and to review his guidelines to determine whether the November 1, 2011, amendments to U.S.S.G. 2L1.2 might affect his case. It is necessary to schedule these conferences in accordance with the Federal Defender's Staff Interpreter, and additional time is necessary for this purpose.

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 November 18, 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

ORDER UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the November 4, 2011, status conference hearing be continued to November 18, 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 November 18, 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

20111103

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