UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
May 16, 2012
UNITED STATES OF AMERICA,
JOSE OLIVERA ZAPIEN,
The opinion of the court was delivered by: Judge: Hon. William B. Shubb
DANIEL J. BRODERICK, Bar #89424 Federal Defender MICHAEL PETRIK, Jr., Bar #177913 Assistant Federal Defender Designated Counsel For Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorneys for Defendant JOSE OLIVERA ZAPIEN
STIPULATION AND [PROPOSED] ORDER
CONTINUING STATUS CONFERENCE TO
MAY 29, 2012, AT 9:30 A.M.
Date: May 21, 2012
Time: 9:30 a.m.
THE PARTIES STIPULATE, through counsel, Heiko Coppola, Assistant United States Attorney, and Michael Petrik, Jr., attorney for Mr. Zapien, that the Court should vacate the status conference scheduled for May 21, 2011, at 9:30 a.m., and reset it for May 29, 2012, at 9:30 a.m.
Defense counsel is finalizing a written plea agreement with the government and will also need additional time to consult with Mr. Zapien.
The parties further stipulate that the Court should exclude the period from the date of this order through May 29, 2012, when it computes the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice served by granting Mr. Zapien's request for a continuance outweigh the best interest of the public and Mr. Zapien in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) (Local Code T4).
ORDER IT IS SO ORDERED. The status conference/change of plea hearing is reset for May 29, 2012, at 9:30 a.m. The Court finds that a continuance is necessary for the reasons stated above, and further finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. Time is therefore excluded from the date of this order through May 29, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) (Local Code T4).
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