IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 28, 2012
UNITED STATES OF AMERICA,
EVODIO MORENO, DEFENDANT.
BENJAMIN B. WAGNER United States Attorney MARK J. McKEON Assistant U.S. Attorney 2500 Tulare St, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4000 Facsimile: (559) 497-4099 Attorneys for the United States of America
STIPULATION AND ORDER TO EXCLUDE TIME
The parties request that the status conference in this case be continued from April 2, 2012 to April 23, 2012, at 10:00 a.m. They stipulate that the time between April 2, 2012 and April 23, 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 for the defendant 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). Specifically, the parties are discussing a possible resolution of this case. A legal issue has come up as to which sentencing guideline should be applied to this case, and the parties need additional time to complete the legal research before a plea can be reached. The parties anticipate that at the continued status conference, there will be either a change of plea or a trial setting. 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. § 3161(h)(7)(A).
IT IS SO ORDERED.
CHIEF UNITED STATES DISTRICT JUDGE
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