The opinion of the court was delivered by: Judge: William B. Shubb
) STIPULATION AND [PROPOSED] ORDER ) TO CONTINUE STATUS CONFERENCE AND ) TO EXCLUDE TIME ) Date: January 14, 2013 ) Time: 9:30 a.m.
It is hereby stipulated and agreed to by and between the United States of America, through Samuel Wong, Assistant U.S. Attorney, and defendant, SERVANDO SANCHEZ GARCIA, by and through his counsel, Matthew C. Bockmon, Assistant Federal Defender, that the status conference hearing date of Monday, November 26, 2012, be continued to Monday, January 14, 2013, at 9:30 a.m.
The reason for this continuance is because defense counsel needs additional time for defense preparation, and to visit the defendant at the Sacramento County Jail with the office interpreter.
It is further stipulated that the Court should exclude from computation of time within which the trial of this case must be commenced under the Speedy Trial Act time from the date of this stipulation, November 19, 2012, through and including January 14, 2013, pursuant to 18 U.S.C. §3161(h)(7)(A) and (B)(iv) [reasonable time to prepare] and Local Code T4.
The parties further stipulate and agree that the Court should find that the ends of justice to be served in granting the continuance and allowing the defendant further time to prepare outweigh the best interest of the public and the defendant to a speedy trial.
Dated: November 19, 2012 Respectfully submitted, DANIEL J. BRODERICK Federal Defender /s/ Matthew C. Bockmon MATTHEW C. BOCKMON Assistant Federal Defender Attorney for Defendant SERVANDO SANCHEZ GARCIA Dated: November 19, 2012 BENJAMIN B. WAGNER United States Attorney /s/ Matthew C. Bockmon for SAMUEL WONG Assistant U.S. Attorney Attorney for Plaintiff
Based on the reasons set forth in the stipulation of the parties filed on November 19, 2012, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS HEREBY ORDEREDthat the status conference currently scheduled for Monday, November 26, 2012, be vacated, and that the case be set for Monday, January 14, 2013, at 9:30 a.m. The Court 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. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' November 19, 2012, stipulation, the time within which the trial of this matter must be commenced under the Speedy Trial Act is excluded during the time period of November 19, 2012, through and including January 14, 2013, pursuant to 18 U.S.C. §3161(h)(7)(A) and (B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare taking into account due diligence.
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