The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
LAW OFFICE OF DAVID A. TORRES Attorney at Law, SBN 135059 1318 K Street Bakersfield, CA 93301 Ph.: (661)326-0857 Fax.: (661) 326-0936 e-mail: email@example.com Attorney for Defendant CRUZ VALENZUELA
STIPULATION TO CONTINUE STATUS HEARING; ORDER OF DENIAL TO: THE CLERK OF THE UNITED STATES DISTRICT COURT, HONORABLE: LAWRENCE J. O'NEILL AND ELANA S. LANDAU, ASSISTANT UNITED STATES ATTORNEY:
COMES NOW Defendant, CRUZ VALENZUELA by and through his attorney of record, DAVID A. TORRES hereby request that the status conference hearing date currently set for Monday, December 5, 2011 be continued to January 17, 2012 at 1:00 p.m., or a date convenient to court and counsel.
This is a mutual agreement between myself, Assistant United States Attorney Elana S. Landau and Co-Counsel Jon Kiyoshi Renge and Robert Lee Forkner. It is my understanding that additional discovery is forthcoming. In addition, a continuance is need to discuss the plea agreement.
The defendant is willing to continue excluding time through the next court appearance and that the ends of justice in the exclusion outweigh defendant's speedy trial rights.
Based upon the foregoing, I respectfully request that this matter be Continued to January 17, 2012.
The parties also agree that the delay resulting from the continuance shall be excluded in the interest of justice pursuant to 18 U.S.C. §3161 (h)(7)(A) and §3161 (h)(7)(B)(i) & (iv).
GOOD CAUSE HAS NOT BEEN STATED. TO JUSTIFY THE GOOD CAUSE NEEDED TO CONTINUE, THE REASONS THAT DISCOVERY HAS NOT BEEN PROVIDED IN ITS ENTIRETY BEFORE THIS TIME (THE CASE IS CURRENTLY 6 MONTHS SINCE INDICTMENT), AND ALSO THE REASONS WHY SETTLEMENT DISCUSSIONS HAVE NOT TAKEN PLACE BY NOW ARE REQUIRED. DENIED.
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