IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 19, 2012
UNITED STATES OF AMERICA,
MIGUEL ANGEL HERNANDEZ-TINOCO, AKA GABRIEL LUNA,
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
BENJAMIN B. WAGNER United States Attorney MICHELE BECKWITH Assistant U.S. Attorney 501 I Street, Suite 10-100 Sacramento, California 95814 Telephone: (916) 554-2700
STIPULATION AND [PROPOSED] ) ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
The parties request that the status conference in this case currently scheduled for January 20, 2012 be continued to February 3, 2012 at 9:00 a.m. They stipulate that the time between January 20, 2012 and February 3, 2012 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The parties are in the process of gathering additional facts relevant to sentencing and the anticipated resolution of this case.
This continuance is necessary for further work by both parties on this and other pretrial and trial issues. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §(7)(B)(iv).
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for January 20, 2012, at 9:00 a.m. be continued to February 3, 2012, at 9:00 a.m. Based on the representations of counsel and good cause appearing therefrom, the Court hereby 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 from the date of this Order, to and including, the February 3, 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)(B)(iv) and Local Code T-4.
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