The opinion of the court was delivered by: Judge: Hon. William B. Shubb
STIPULATION AND [PROPOSED] ORDER FOR CONTINUANCE FOR ONLY IVAN LEYVA
Date: November 19, 2012 Time: 9:30 a.m.
IT IS STIPULATED by and among Assistant United States Attorney Daniel S. McConkie, Jr., Counsel for Plaintiff, and Assistant Federal Defender Jeffrey L. Staniels, Counsel for Defendant Ivan Leyva, that the status conference currently scheduled for November 19, 2012, be vacated and continued until December 3, 2012, for change of plea.
This continuance is sought to permit counsel to review with Mr. Leyva (who is housed in Nevada County) a plea agreement received this date from the government and because of the unavailability of government counsel who negotiated the agreement.
IT IS FURTHER STIPULATED that the interests of justice served by granting this continuance outweigh the interests of Mr. Leyva and of the public in a Speedy Trial and that time for trial under the Speedy Trial Act should therefore be excluded from November 19, 2012, through and including December 3, 2012, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv), Local Code T-4 (defense preparation and continuity of counsel)
Dated: November 15, 2012 /S/ Daniel S. McConkie DANIEL S. MCCONKIE, JR. Assistant U.S. Attorney Counsel for Plaintiff Dated: November 15, 2012 /S/ Jeffrey L. Staniels JEFFREY L. STANIELS Assistant Federal Defender Attorney for Defendant IVAN LEYVA
Based on the representations of counsel, the court finds that the interests of justice served by granting additional time as requested by counsel until December 3, 2012, outweigh the interests of the public and defendant Leyva in a speedy trial.
The request for a continuance is therefore GRANTED, and time for trial under the Speedy Trial Act is excluded with respect to Mr. Leyva pursuant to 18 U.S.C. §3161(h)(7)(B)(iv), Local Code T-4, from November 19, 2012 until December 3, 2012.
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