IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 6, 2012
UNITED STATES OF AMERICA, PLAINTIFF,
LUIS FIGUEROA-ALCAZAR, DEFENDANT
The opinion of the court was delivered by: Morrison C. England, JR United States District Judge
STIPULATION REGARDING ) EXCLUDABLE TIME PERIODS UNDER
SPEEDY TRIAL ACT; FINDINGS AND ORDER
Plaintiff, United States of America, by and through its counsel of record, and the defendant, Luis Figueroa Alcazar, by and through his counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for status on December 6, 2012. 2. By this stipulation, the defendant now moves to continue the status conference until January 24, 2013, and to exclude time between December 6, 2012, and January 24, 2013 under Local Code T4. Plaintiff does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following: a. The parties represent that defendant would like the continuance in order to enter a plea. b. Counsel for the defendant desire additional time to consult with his client to discuss the entry of plea. Defense counsel has been in the hospital since November 20, 2012 due to a ruptured appendix and has just been released. Defense counsel is expected to return to work a few weeks from his release. c. Counsel for the defendant believes that failure to grant the above-requested continuance would deny him the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. d. The government does not object to the continuance. e. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendants in a trial within the original date prescribed by the Speedy Trial Act. f. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of December 6, 2012, to January 24, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendants in a speedy trial.
4. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.
Respectfully submitted, Date: 11-28-12 By: /s/ Danny D. Brace, Jr., DANNY D. BRACE, JR., Attorney for Luis Figueroa-Alcazar Date: 11-28-12 By:/s/ Paul Hemesath Authorized to sign for Mr. Hemesath On November 28, 2012 Assistant United States Attorney PAUL HEMESATH Assistant U.S. Attorney
IT IS SO FOUND AND ORDERED. The status conference is continued to January 24, 2013. The time period between December 6, 2012, and January 24, 2013 is excluded under Local Code T4.
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