The opinion of the court was delivered by: Judge: Lawrence J. O'Neill
DANIEL J. BRODERICK, Bar #89424 Federal Defender RACHEL W. HILL, Bar #151522 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant GLEN AVILLA
STIPULATION TO CONTINUE STATUS CONFERENCE HEARING; ORDER
Date March 19, 2012
Time: 1:00 P.M.
IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the status conference in the above-entitled matter scheduled for January 17, 2012, may be continued to March 19, 2012, at 1:00 P.M.
This continuance is requested by defense counsel. Defense counsel and government counsel are pursuing further investigation regarding possible defenses and/or factors in mitigation. Defense counsel has requested additional information, which government counsel is attempting to obtain. Until such time as the additional information is obtained and assessed, and counsel has had an opportunity to review any such information with defendant, no profitable plea negotiations can be had in these proceedings. AUSA Kimberly Sanchez has no objection to this request. The requested continuance will conserve time and resources for both counsel and the court.
The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for further defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B), and that the interest of justice outweighs the interests of the public and the defendant in a speedy trial
For the reasons set forth above, the continuance requested is granted for good cause and the Court finds the interest of justice outweighs the interests of the public and the defendant in a speedy trial. The matter is set for March 19, 2012 at 8: 30 a.m. before the undersigned for either a change of plea or a trial setting.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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