IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
October 15, 2012
UNITED STATES OF AMERICA,
ROBERT CURTIS BAUER, DEFENDANT.
ORDER SETTING CHANGE OF PLEA
The parties appeared before the Court on Tuesday, October 10, 2012, in case number 2:11-CR-00047 LKK. At that time, the parties asked the Court to set the matter for a change of plea on October 30, 2012. The parties also asked that the trial set to begin on October 30, 2012, be vacated.
Due to defense counsel's need to prepare, the Court found that the time beginning October 10, 2010, and extending through October 30, 2010, was excluded from the calculation of time under the Speedy Trial Act. The exclusion of time is appropriate due to defense counsel's need to prepare, and for continuity of counsel. The additional time is necessary to ensure defense counsel's effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4.
ACCORDINGLY, it is hereby ordered that the trial set for October 30, 2012, be vacated, and that the matter case be set for a change of plea on October 30, 2012, at 9:15 a.m. In addition, it is ordered that the time beginning October 10, 2012, and extending through October 30, 2012, be excluded from the calculation of time under the Speedy Trial Act. The Court finds 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.
Order after Hearing
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