UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
November 14, 2012
UNITED STATES OF AMERICA,
JIMMY ALEJANDRO JARQUIN,
The opinion of the court was delivered by: The Honorable Maxine M. Chesney United States District Judge
STIPULATION AND [PROPOSED] ) ORDER CHANGING HEARING DATE AND EXCLUDING TIME
The Court has set November 14, 2012, as the date for a further status hearing or a change 22 of plea in this matter. The parties have engaged in settlement discussions and anticipate that 23 they will resolve the case through a guilty plea. The parties respectfully request that the hearing 24 be put over two weeks, to November 28, 2012, for a change of plea. 25 The parties further request that time between these dates be excluded from any time 26 limits applicable under 18 U.S.C. § 3161, for the purpose of effective preparation. See 18 U.S.C. 27 § 3161(h)(7)(B)(iv).
STIPULATION AND [PROPOSED] ORDER CHANGING HEARING DATE AND EXCLUDING TIME CR 12-0406 MMC, United States v. Jimmy Jarquin
MELINDA HAAG United States Attorney DATED: November 13, 2012 /s/ KEVIN J. BARRY Assistant United States Attorney DATED: November 13, 2012 /s/ BRIAN NEWMAN Attorney for JIMMY JARQUIN
For the reasons stated above, the Court finds that exclusion from the time limits applicable under 18 U.S.C. § 3161 of the period from November 14, 2012 through November 28, 2012, is warranted and that the ends of justice served by the continuance outweigh the best 16 interests of the public and the defendant in a speedy trial. 18 U.S.C. §3161(h)(7)(A). The failure 17 to grant the requested exclusion of time would deny counsel for the defendant and for the 18 government the reasonable time necessary for effective preparation, taking into account the 19 exercise of due diligence, and would affect continuity of counsel, resulting in a miscarriage of 20 justice. 18 U.S.C. § 3161(h)(7)(B)(iv).
Further, the status conference is CONTINUED from November 14, 2012 to November 28, IT IS SO ORDERED. 2012, at 2:15 p.m.
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