IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 22, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
DANIEL J. BRODERICK, Bar #89424 Federal Defender MATTHEW SCOBLE, Bar #237432 Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant LAURA VANNOY
STIPULATION AND [PROPOSED] ORDER;
CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
Date: January 6, 2012
Time: 9:00 a.m. Judge:
Hon. Garland E. Burrell Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MATTHEW MORRIS, Assistant United States Attorney, attorney for Plaintiff, and MATTHEW SCOBLE, attorney for LAURA VANNOY, that the status conference hearing date of December 23, 2011 be vacated, and the matter be set for change of plea on January 6, 2012 at 9:00 a.m.
The reason for this continuance is to allow the parties to finalize the plea agreement and afford the defense sufficient time to discuss the plea agreement with the defendant.
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 January 6, 2012 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 December 23, 2011, status conference hearing be continued to January 6, 2012, at 9:00 a.m. for change of plea. 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 January 6, 2012 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.
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