IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 21, 2013
UNITED STATES OF AMERICA,
LUIS ALBERTO GARCIA,
The opinion of the court was delivered by: Barbara A. McAuliffe United States Magistrate Judge
STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON
Date: April 8, 2013
Time: 1:00 p.m.
Judge: Hon. Barbara A. McAuliffe
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, LAUREL J. MONTOYA, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant Luis Alberto Gonzalez, that the date for status conference in this matter may be continued to April 8, 2013, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is March 25, 2013. The requested new date is April 8, 2013.
Defense counsel Eric V. Kersten has been summons for jury duty on March 25, 2013 and may not be available to appear at the currently scheduled time. It is therefore requested that the upcoming status conference be continued to the next regularly scheduled law and motion calendar to allow for defense counsel's personal presence at the hearing.
The parties agree that the delay resulting from the requested continuance shall be excluded as necessary for continuity of counsel and 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.
BENJAMIN B. WAGNER United States Attorney DATED: March 21, 2013 By /s/ Laurel J. Montoya LAUREL J. MONTOYA Assistant United States Attorney Attorney for Plaintiff JOSEPH SCHLESINGER Acting Federal Defender DATED: March 21, 2013 By /s/ Eric V. Kersten ERIC V. KERSTEN Assistant Federal Defender Attorney for Defendant LUIS ALBERTO GARCIA
ORDER IT IS SO ORDERED. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
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