The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill
) STIPULATION TO CONTINUE STATUS ) CONFERENCE AND ORDER THEREON )) Date: March 4, 2013 ) Time: 8:30 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MEGAN RICHARDS, 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 March 4, 2013, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is February 4, 2013. The requested new date is March 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 we are awaiting a ruling on that matter. The ruling in the immigration proceedings will impact how Ms. Cervantez-Sanchez chooses to proceed in the instant matter. For this reason it is requested that a 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.
Respectfully submitted, BENJAMIN B. WAGNER United States Attorney DATED: January 31, 2013 By /s/ Megan Richards MEGAN RICHARDS Special Assistant United States Attorney Attorney for Plaintiff JOSEPH SCHLESINGER Acting Federal Defender DATED: January 31, 2013 By /s/ Eric V. Kersten ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant Jovita Cervantez-Sanchez
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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