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United States of America v. Marcos Surita

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


January 25, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
MARCOS SURITA,
DEFENDANT.

The opinion of the court was delivered by: Judge: Garland E. Burrell, Jr.

DANIEL J. BRODERICK, Bar #89424 Federal Defender MATTHEW C. BOCKMON, Bar # 161566 Assistant Federal Defender Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant MARCOS SURITA

STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE AND TO EXCLUDE TIME

Date: February 17, 2012 Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, William S. Wong, Assistant United States Attorney, attorney for Plaintiff, and Matthew C. Bockmon, Assistant Federal Defender, attorney for Defendant, MARCOS SURITA, that the status conference hearing date of Friday, January 27, 2012, be vacated and a new status conference hearing date of Friday, February 17, 2012, at 9:00 a.m.,be set.

The reason for this continuance is because defense counsel needs additional time for attorney/client consult at Butte County Jail and forthcoming plea agreement from the government.

It is further stipulated that the time for trial under the Speedy Trial Act should be excluded from the date of the signing of this order, through and including February 17, 2012, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) [reasonable time to prepare] and Local Code T4, and that the ends of justice to be served by granting the continuance outweigh the best interest of the public and the defendant to a speedy trial. Dated: January 24, 2012

ORDER

Based on the reasons set forth in the stipulation of the parties filed on January 25, 2012, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS HEREBY ORDEREDthat the status conference currently scheduled for Friday, January 27, 2012, be vacated and that the case be set for Friday, February 17, 2012, at 9:00 a.m. 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. Accordingly, IT IS HEREBY ORDERED that the time within which the trial of this matter must be commenced under the Speedy Trial Act is excluded during the time period of today's date, through and including February 17, 2012, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare taking into account due diligence.

GARLAND E. BURRELL, JR. United States District Judge

20120125

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