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United States of America v. Thomas Aguero

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 13, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
THOMAS AGUERO,
DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. William B. Shubb

STIPULATION AND [PROPOSED] ORDER; CONTINUING CHANGE OF PLEA ) AND EXCLUDING TIME

Date: February 25, 2013 Time: 9:30 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MICHELLE PRINCE, Assistant United States Attorney, attorney for Plaintiff, and MATTHEW SCOBLE, attorney for THOMAS AGUERO, that the change of plea hearing date of February 19, 2013 be vacated, and the matter be set for change of plea on February 25, 2013 at 9:30 a.m.

The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case.

Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including February 25, 2013 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.

DATED: February 13, 2013. Respectfully submitted, JOSEPH SCHLESINGER Acting Federal Public Defender /s/ Matthew Scoble MATTHEW SCOBLE Designated Counsel for Service Attorney for THOMAS AGUERO DATED: February 13, 2013. BENJAMIN WAGNER United States Attorney /s/ Matthew Scoble for MICHELLE PRINCE Assistant U.S. Attorney Attorney for Plaintiff

ORDER UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the February 19, 2013, change of plea hearing be continued to February 25, 2013, at 9:30 a.m. for a change of plea. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the February 25, 2013 change of plea shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.

20130213

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