The opinion of the court was delivered by: Hon. Kandis A. Westmore United States Magistrate Judge
LAW OFFICES OF ERICK L. GUZMAN 2 Cal. Bar No. 244391 740 4th 3 St. Santa Rosa, California, 95404 4 T:(707) 595-4474\ F:(707) 540-6298 E: elg@guzmanlaw.org 5 Attorney for Defendant 6 Omari Evans7 8
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE
Current Court Date: Jan 7, 2013 09:30 AM 17
Proposed Court Date: Jan 11, 2013 09:30 AM Location: Courtroom 4, 3rd Floor
The above-captioned case is currently scheduled for a status conference on January 7, 2013 at 09:30 A.M. However, counsel for Mr. Evans is scheduled has a conflict on that date. 24
Accordingly, the parties have agreed to vacate the January 7, 2013 hearing date, and continue the 25 status hearing to January 11 at 09:30 A.M. 26 27 28
Furthermore, the parties stipulate and jointly request that time be excluded from the 2 Speedy Trial Act calculations from January 7, 2012, through January 11, 2013 for continuity, 3 effective preparation of counsel, and preparation for trial. 4
The parties agree that the ends of justice served by granting such a continuance outweighed 5 the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(8)(A). 6 7
To date, all time has been excluded under the SpeedyTrialAct, Title18, United States Code, Section 3161 and seventy days therefore remain on the Speedy Trial clock. 9
IT IS SO STIPULATED 10 11
For good cause shown, the motion hearing now scheduled for January 7, 2013 is vacated. 4
The matter shall be added to the Court's calendar on January 11 at 9:30 A.M. 5
In addition, for the reasons stated above, the Court finds that an exclusion of time from 6 7 January 7, 2013 through January 11, 2013 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 9 U.S.C. ยง3161(h)(8)(A). The failure to grant the requested continuance would deny defense counsel 10 the reasonable time necessary for effective preparation, taking into account ...