IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 2, 2012
UNITED STATES OF AMERICA,
MANOLO REYES AND MARIO ABEL RAYA,
The opinion of the court was delivered by: Judge: Hon. William B. Shubb
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE Date: January 14, 2013 Time: 9:30 a.m.
The parties request that the status conference in this case be continued from November 5, 2012, to January 14, 2013 at 9:30 a.m. They stipulate that the time between November 5, 2012 and January 14, 2013 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) and Local Code T-4. Specifically, defense counsel needs additional time to consult with an expert and examine the contraband. 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)(B)(iv) and Local Code T-4.
Dated: November 2, 2012 Respectfully submitted, DANIEL BRODERICK Federal Defender /s/ Douglas Beevers DOUGLAS BEEVERS Assistant Federal Defender Attorney for Defendant MANOLO REYES Dated: November 2, 2012 /s/ Clemente Jimenez CLEMENTE JIMENEZ Attorney for Defendant MARIO ABEL RAYA Dated: November 2, 2012 BENJAMIN B. WAGNER United States Attorney /s/ Paul Hemesath PAUL HEMESATH Assistant United States Attorney Attorney for Plaintiff
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for November 5, 2012, be continued to January 14, 2013, at 9:30 a.m. Based on the representation of counsel and good cause appearing therefrom, the Court hereby finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time from the date of this Order, to and including, the January 14, 2013, 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)(B)(iv) and Local Code T-4.
IT IS SO ORDERED.
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