IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 8, 2011
UNITED STATES OF AMERICA,
GAULDRY T. ALMONTE-HERNANDEZ, DEFENDANT.
The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell, Jr.
DANIEL J. BRODERICK, Bar #89424 Federal Defender JEFFREY L. STANIELS, Bar #91413 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant GAULDRY T. ALMONTE-HERNANDEZ
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE
Date: December 9, 2011 Time: 9:00 a.m.
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Heiko P. Coppola, counsel for Plaintiff, and Assistant Federal Defender Jeffrey Staniels, counsel for defendant GAULDRY T. ALMONTE-HERNANDEZ, that the status conference scheduled for December 9, 2011, be vacated and the matter continued until January 13, 2012, for further status conference at the request of the defense.
The reason for the continuance is due to the unavailability of Mr. Staniels because of a family medical situation, and to allow for the presentation to the government of additional information pertinent to an outstanding sentencing factor ("Safety Valve" eligibility). The date selected also accounts for the logistics of conferring with Mr. Almonte-Hernandez who is being held at the Butte County Jail, and who requires the services of an interpreter.
IT IS FURTHER STIPULATED that time for trial under the Speedy Trial Act be excluded between December 9, 2011, and January 13, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv), Local Code T-4 (time to prepare).
IT IS SO STIPULATED.
The above stipulation of the parties is accepted. The status conference set for December 9, 2011, is VACATED. This case is ordered to be re-calendared on January 13, 2012, for status conference.
The court finds, based on the reasons stated above, that the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial.
IT IS SO ORDERED.
GARLAND E. BURRELL, JR. United States District Judge
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