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United States of America v. Raul Duarte Ortega

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


December 1, 2011

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RAUL DUARTE ORTEGA,
DEFENDANT.

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 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant RAUL DUARTE ORTEGA

STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON Date: December 19, 2011 Time: 1:00 p.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, JEREMY R. JEHANGIRI, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for Defendant Raul Duarte Ortega, that the date for status conference may be continued to December 19, 2011, or the soonest date thereafter that is convenient to the court. This matter is currently set for status conference on December 5, 2011. The requested new date is December 19, 2011 at 1:00 p.m.

Defense investigation of this matter is being completed and efforts to reach a negotiated settlement are ongoing. A short continuance is requested to allow these activities to be finalized in order to clarify the status of the case. If this continuance is granted, it is anticipated that the parties will either request a trial date or enter a plea agreement on December 19, 2011.

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 Good Cause is stated. 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

b9ed48

20111201

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