IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 17, 2013
UNITED STATES OF AMERICA,
JOSE GONZALEZ ZALZAR, ET AL
BENJAMIN B. WAGNER United States Attorney Elana S. Landau Assistant U.S. Attorney 2500 Tulare St, Suite 4401 Fresno, California 93721 Telephone: (559) 497-4083
STIPULATION AND ORDER TO EXCLUDE TIME
The parties request that the jury trial in this case be continued from FEBRUARY 20, 2013 to APRIL 16, 2013 at 8:30a.m.. They stipulate that the time between FEBRUARY 20, 2013 and APRIL 16, 2013 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). Specifically, the parties have been attempting to resolve the case through plea negotiations and proffers. Due to the face that the attorney for the government has been engaged in trial preparation for a trial that is anticipated to last through early February, the parties have been unable to effectively negotiate and/or arrange proffers. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
Pursuant to Rule 12(c), the parties stipulate and agree that any motions in limine will be filed by March 4, 2013, with responses due by March 18, 2013. The parties stipulate that a trial confirmation and hearing on the motions in limine shall be held on April 1, 2013 at 10:00a.m.
IT IS SO ORDERED.
SENIOR DISTRICT JUDGE
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