IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 12, 2012
UNITED STATES OF AMERICA,
KEVIN MARSHALL AGRAVA,
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 Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant Kevin Marshall Agrava
Date: February 6, 2012
Time: 1:00 p.m.
STIPULATION TO CONTINUE STATUS
CONFERENCE AND ORDER (note time change)
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, BRIAN ENOS, Assistant United States Attorney, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant, Kevin Marshall Agrava, that the date for status conference may be continued to February 6, 2012, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is January 17, 2012. The requested new date is February 6, 2012, at 1:00 p.m.
The government has recently provided a plea offer to the defense and the parties are engaged in negotiations concerning the terms of the offer. Additional investigation, research and negotiations are necessary to determine the applicability of potential offense characteristics under the sentencing guidelines. It is anticipated that the parties will either enter a plea agreement or request a trial date at the next status conference.
The parties agree that the delay resulting from the requested continuance shall be excluded as necessary for continuity of counsel, 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 defendants in a speedy trial.
Good cause exists for the continuance. It will be at 2 p.m. on the date requested. 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
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