The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill
Date: November 12, 2012 Time: 8:30 p.m.
STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, LAUREL MONTOYA, Assistant United States Attorney, counsel for Plaintiff, and JEREMY S. KROGER, Assistant Federal Defender and counsel for Defendant Jesus Ramon Avilez, that the change-of-plea hearing in this matter, currently scheduled for October 1, 2012, may be continued to November 13, 2012, at 8:30 a.m., or the soonest date thereafter that is convenient to the Court. Additionally, because of the tentative plea agreement reached by the parties, it is further stipulated that the jury trial currently scheduled for October 16, 2012, be vacated as to Jesus Ramon Avilez, together with any associated dates.
This continuance is requested for further negotiation between the parties, as well as defense investigation and preparation.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for further plea negotiations and effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendant in a speedy trial.
BENJAMIN B. WAGNER United States Attorney DATED: September 27, 2012 By /s/ Laurel Montoya LAUREL MONTOYA Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender DATED: September 27, 2012 By /s/ Jeremy S. Kroger JEREMY S. KROGER Assistant Federal Defender Attorney for Defendant Jesus Ramon Avilez
ORDER IT IS SO ORDERED. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A).
LAWRENCE J. O'NEILL, Judge United States District Court
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