IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 7, 2012
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
STIPULATION TO CONTINUE STATUS CONFERENCE HEARING; ORDER
Date: April 2, 2012 Time: 8:30 A.M.
Judge: Hon. Lawrence J. O'Neill
IT IS HEREBY STIPULATED, by and between the parties hereto, and through their respective attorneys of record herein, that the status conference hearing in the above captioned matter now scheduled for March 12, 2012, may be continued to April 2, 2012 at 8:30 A.M.
This continuance is requested by counsel for the defendant. On March 2, 2012, the Presentence Investigation Report was provided to counsel, and on March 3, 2012, the government extended a plea offer for the defendant's consideration. The defendant is housed at the Lerdo Detention Facility; the earliest defense counsel could schedule Mr. Flores' transportation to Fresno for an attorney interview was March 14, 2012. The parties are requesting the continuance to provide the defendant an opportunity to review the PSR and proposed plea offer with his attorney prior to the hearing. Assistant U.S. Attorney Ian Garriques is not opposed 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).
BENJAMIN B. WAGNER United States Attorney DATED: March 6, 2012 By /s/ Ian Garriques IAN GARRIQUES Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender DATED: March 6, 2012 By /s/ Marc Days MARC DAYS Assistant Federal Defender Attorney for Defendant ALVIN FLORES
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. Time is hereby excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B).
IT IS SO ORDERED.
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