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United States of America v. Roberto Carlos De La Torre

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


March 11, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
ROBERTO CARLOS DE LA TORRE, DEFENDANT.

The opinion of the court was delivered by: Hon. Allison Claire United States Magistrate Judge

JOSEPH SCHLESINGER, Bar #87692 Acting Federal Defender BENJAMIN D. GALLOWAY, Bar #214897 Assistant Federal Defender Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant ROBERTO CARLOS DE LA TORRE

STIPULATION TO EXTEND DATE FOR PRELIMINARY HEARING; ORDER EXTENDING TIME DATE: April 9, 2013 TIME: 2:00 p.m. JUDGE: Hon. Edmund F. Brennan

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, DANIEL S. MCCONKIE, Assistant United States Attorney, attorney for Plaintiff, BENJAMIN D. GALLOWAY, Assistant Federal Defender, attorney for Defendant ROBERTO CARLOS DE LA TORRE, that the preliminary hearing presently set for March 18, 2013 shall be vacated and a new date for preliminary hearing shall be April 9, 2013 at 2:00 p.m.

The parties further agree, pursuant to Fed.R.Crim.Pro.5.1(c) and (d), that this court should make a finding of good cause for the extension and that in fact good cause is hereby shown. Defense counsel and the government have not had sufficient time to (1) finalize necessary preparation for indictment, and (2) prepare for the preliminary hearing, and (3) finalize negotiations with the defendants and defense counsel about potential settlement of the case.

The parties submit that the ends of justice are served by the Court excluding such time, so that they 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). The parties stipulate that the interest of justice outweighs the interest of the public and the defendants in a speedy filing of an indictment or information, 18 U.S.C. §§ 3161(b),(h)(7)(A), and further that this good cause outweighs the public's interest in the prompt disposition of criminal cases. Fed. R. Crim. P. 5.1(d).

All parties request the date of April 9, 2013 for the preliminary hearing in this case. The request for extending the date for preliminary hearing is at the specific request of the defendants and with the knowing and voluntary waiver of their Speedy Preliminary Hearing rights under the law. Good cause is thereby shown.

ORDER GOOD CAUSE APPEARING AND HAVING BEEN SHOWN, IT IS SO ORDERED. The date for preliminary hearing in this matter is hereby re-set for April 9, 2013 at 2:00 p.m.

20130311

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