IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 4, 2012
UNITED STATES OF AMERICA,
BILLY JAMES CRUZ,
The opinion of the court was delivered by: Judge: Garland E. Burrell, Jr.
DANIEL J. BRODERICK, Bar #89424 Federal Defender Matthew C. Bockmon, Bar #161566 Assistant Federal Defender 801 I Street, 3rd. Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant BILLY JAMES CRUZ
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS HEARING AND TO
EXCLUDE TIME PURSUANT TO THE SPEEDY TRIAL ACT
Date: December 14, 2012
Time: 9:00 a.m.
It is hereby stipulated and agreed to between the United States of America through OLUSERE OLOWOYEYE, Assistant U.S. Attorney, and defendant, BILLY JAMES CRUZ, by and through his counsel, MATTHEW C. BOCKMON, Assistant Federal Defender, that the status conference set for Friday, December 7, 2012, be continued to Friday, December 14, 2012, at 9:00 a.m. The parties have conferred and agree that additional time is needed.
It is further stipulated that the time period from the date of this stipulation, December 4, 2012, through and including the date of the new status conference hearing, December 14, 2012, shall be excluded under the Speedy Trial Act (18 U.S.C. §3161(h)(7)(A) &(B)(iv) and Local Code T4, due to the need to provide defense counsel with the reasonable time to prepare, and that the ends of justice to be served by granting the continuance outweigh the best interests of the public and the defendant in a speedy trial.
Based on the reasons set forth in the stipulation of the parties filed on December 4, 2012, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS HEREBY ORDERED that the status conference currently scheduled for Friday, December 7, 2012, be vacated and that the case be set for Friday, December 14, at 9:00 a.m. The Court finds that the ends of justice served by granting such 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' December 4, 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 from the date of this stipulation, December 4, 2012, through and including December 14, 2012, pursuant to 18 U.S.C. §3161(h)(7)(A)&(B)(iv) and Local Code T4.
GARLAND E. BURRELL, JR. Senior United States District Judge
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