IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 17, 2013
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
JOSEPH SCHLESINGER, Bar #87692 Acting Federal Defender ERIC V. KERSTEN, CA Bar #226429 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant Jovita Cervantez-Sanchez
STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON
Date: February 4, 2013 Time: 8:30 a.m. Judge: Hon. Lawrence J. O'Neill
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, ANDREW L. GRADMAN, Special Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant Jovita Cervantez-Sanchez, 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 January 22, 2013. The requested new date is February 4, 2013.
The defendant is charged with illegal re-entry after deportation. She previously had a single felony conviction which was the basis for her deportation; however, the State of California has vacated the conviction based on its determination that the conviction was constitutionally infirm. Consequently, a petition to reopen Ms. Cervantez-Sanchez's immigration has been filed and it is anticipated that the matter will be ruled on within the coming two weeks. This ruling will impact how Ms. Cervantez-Sanchez chooses to proceed in the instant matter. For this reason it is requested that a short continuance be granted to allow for a ruling in the immigration proceedings.
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.
IT IS SO ORDERED.
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