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United States of America v. Gerardo Alcala

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 23, 2013

UNITED STATES OF AMERICA PLAINTIFF
v.
GERARDO ALCALA, DEFENDANT

STIPULATION CONTINUING SENTENCING ORDER

IT IS HEREBY stipulated between the United States of America through its undersigned counsel, together with counsel for defendant ALCALA in the above referenced matter that the sentencing now set for January 23, 2013, be continued to February 12, 2013, at 9:15 AM.

This request for a continuance of the sentencing date is necessary because the holidays have interfered with undersigned's ability to meet with the defendant in Butte County and discuss the revised PSR with him.

Counsel for the parties agree that this is an appropriate exclusion of time within the meaning of Title 18, United States Code§ 3161(h)(8)(B)(iv) (continuity of counsel/reasonable time for effective preparation) and Local Code T4, and agree to exclude time from the date of the filing of the order until the date of new the sentencing date of, February 12, 2013. Respectfully submitted,

BENJAMINE B. WAGNER UNITED STATES ATTORNEY DATED: 1/17/2013 /s/ TODD LERAS Todd Leras Assistant United States Attorney DATED: 1/17/13 /s/ MICHAEL B. BIGELOW Michael B. Bigelow Attorney for Gerardo Alcala

ORDER

IT IS ORDERED THAT: Pursuant to stipulation by the parties, the sentencing in the above referenced matter, presently set for January 23, 2013, is rescheduled for at February 12, 2013 at 9:15 AM. It is also agreed by the parties that time should be excluded for continuity of counsel and reasonable time for effective preparation and complexity within the meaning of the Speedy Trial Act, 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv), and Local Codes T2 and T4, from the date of the filing of the order until the date of new the sentencing January 23, 2013. The Court also finds that the ends of justice are served by granting the requested continuance and outweigh the best interest in the public and the defendants in a speedy trial.

IT IS SO ORDERED

20130123

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