IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 28, 2012
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Hon. Sheila K. Oberto
STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON Date: February 4, 2013 Time: 1:00 p.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, BRIAN W. ENOS, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant Benjamin Ruiz, that the date for status conference in this matter may be continued to February 4, 2013, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is December 3, 2012. The requested new date is February 4, 2013.
The government recently provided additional discovery consisting primarily of electronic communications allegedly involving Mr. Ruiz. The defense needs time to conduct additional investigation based on the content of these communications. In addition, while defense counsel has viewed the forensic evidence in the case, arrangements are being made to allow Mr. Ruiz, who is in custody, to personally view the forensic evidence. For these reasons additional time is needed for defense preparation.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). For this reason, the ends of justice served by the granting of the requested continuance outweigh the interests of the public and the defendant in a speedy trial.
BENJAMIN B. WAGNER United States Attorney DATED: November 28, 2012 By /s/ Brian W. Enos BRIAN W. ENOS Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender DATED: November 28, 2012 By /s/ Eric V. Kersten ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Benjamin Ruiz
ORDER IT IS SO ORDERED. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE
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