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United States of America v. Higinio Chavez-Arzate

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


October 29, 2012

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
HIGINIO CHAVEZ-ARZATE,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. John A. Mendez

CONTINUING STIPULATIONSTATUS AND ORDER CONFERENCE; EXCLUDING TIME Time: October 30, 9:45 a.m. Date: 2012

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Assistant United States Attorney NIRAV DESAI and Assistant Federal Defender JEFFREY L. STANIELS, attorney for HIGINIO CHAVEZ-ARZATE, that the status conference hearing date of October 30, 2012, be vacated, and the matter be set for status conference/change of plea on November 13, 2012, at 9:45 a.m.

The parties have agreed to a fast track plea agreement. Due to the temporary unavailability of defense counsel and his interpreter confirmation of the agreement did not reach government counsel in time for him to comply with the court's notice requirements with respect to its calendar.

Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including November 13, 2012, pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv) and Local Code T4 based upon continuity of counsel. The parties also request that the court find that these reasons support a finding that the ends of justice served by continuing this case and re-calendaring it as requested outweigh the interests of the public and of the defendant in a speedy trial

DATED: October 29, 2012 Respectfully submitted, DANIEL Federal J.Public BRODERICK Defender /s/ JEFFREY L. STANIELS Assistant JEFFREY L. STANIELS Attorney for Federal Defender HIGINIO CHAVEZ-ARZATE DATED: October 29, 2012 BENJAMIN WAGNERAttorney United States /s/ JEFFREY L. STANIELS NIRAV DESAI for Assistant Attorney for U.S.Plaintiff Attorney

ORDER

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the October 30, 2012, status conference hearings be continued to November 13, 2012, at 9:45 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendants in a speedy trial. It is ordered that time up to and including the November 13, 2012 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.

By The Court,

JOHN A. MENDEZ United States District Court Judge

20121029

© 1992-2012 VersusLaw Inc.



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