IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 17, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Hon. Garland E. Burrell, Jr. Judge:
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 MIGUEL HERNANDEZ-TINOCO
STIPULATION AND [PROPOSED] ORDER; CONTINUING STATUS CONFERENCE ) AND EXCLUDING TIME Date: December 2, 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, and CARO MARKS, attorney for MIGUEL HERNANDEZ-TINOCO, that the status conference hearing date of November 18, 2011 be vacated, and the matter be set for status conference on December 2, 2011 at 9:00 a.m.
The reason for this continuance is to allow counsel time to research one particular conviction of the defendant's, to understand how it might be affected by the November, 2011, guidelines amendments. Counsel must order certain records to achieve this task.
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 December 2, 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.
ORDER UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the November 18, 2011, status conference hearing be continued to December 2, 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 December 2, 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.
Dated: November 17, 2011
GARLAND E. BURRELL, JR. United States District Judge
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