IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 5, 2013
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Hon. William B. Shubb
STIPULATION AND [PROPOSED] ORDER
ORDERING PRE-PLEA PRESENTENCE CRIMINAL HISTORY REPORT
Date: March 18, 2013
Time: 9:30 a.m.
The parties mutually request that the Court order the U.S. Probation office to prepare a Pre-Plea Presentence Criminal History report. Defense investigation of this issue suggests results of such a review and report will have a substantial ameliorative effect on advisory guideline computations and a consequential beneficial effect on the ability of the parties to reach mutually agreeable terms of resolution of the case without trial.
The court is advised that defense counsel has conferred with Supervising U.S. Probation Officer Hugo Ortiz who has advised that five to six weeks is needed for the probation office to perform this task. He has also advised that the Probation Office needs an order from the court directing them to undertake this inquiry. A proposed order as requested by Mr. Ortiz follows this stipulation. The court's deputy clerk has advised defense counsel that the court is available for status conference on March 18, 2013, thereby allowing the Probation Office the time they require to prepare the requested report.
For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of March 4, 2013 to March 18, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.
IT IS SO STIPULATED.
Date: February 5, 2013 /s/ Michael Anderson MICHAEL ANDERSON Assistant United States Attorney Counsel for Plaintiff Date: February 5, 2013 JOSEPH SCHLESINGER Acting Federal Defender /s/ Angeles Zaragoza ANGELES ZARAGOZA Assistant Federal Defender Counsel for Defendant BARBARA PERRY
The above stipulation of the parties is accepted.
The probation office is directed to conduct the criminal history review requested in the above stipulation and report its results to counsel for each of the parties on or before March 18, 2013, unless a later date is subsequently set by the court.
IT IS SO ORDERED.
By the Court,
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