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United States of America, Plaintiff v. Epifanio

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 21, 2013

UNITED STATES OF AMERICA, PLAINTIFF,
v.
EPIFANIO PANIAGUA-SOSA, DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

Joint Motion and Order to Continue the March 25, 2013 Change of Plea and Sentencing to April 22, 2013

Plaintiff United States of America, by and through Mia Giacomazzi, Assistant United States Attorney, together with defendant Epifanio Paniagua-Sosa, by and through his counsel Gary Huss, jointly move the Court for an order to continue the Monday, March 25, 2013 change of plea and sentencing in the above-titled matter to Monday, April 22, 2013. Good cause exists for the continuance of this change of plea and sentencing in this fast track case; to wit, the PreSentence Report has not been prepared and is not expected to be prepared and distributed to the parties and the Court until April 10, 2013. The parties agree that it would best serve the interest of justice to re-schedule the change of plea and sentencing to a date after the Pre-Sentence Report has been made available, so that the parties and the Court have an opportunity to read and review it prior to the hearing. The parties further jointly move to exclude time under the Speedy Trial Act on the basis of good cause; to wit, that the ends of justice and defendant's need to obtain and review the PSR outweigh his and the public's interest in a speedy trial.

Dated: March 20, 2013 ___/s/______________________ MIA A. Giacomazzi Assistant United States Attorney Dated: March 20, 2013 ___/s/________________________ Gary L. Huss Counsel for Defendant

ORDER

On the basis of good cause, this Court CONTINUES the March 25, 2013 change of plea and sentencing to Monday, April 22, 2013. In addition, and on the basis of good cause, this Court excludes time under the Speedy Trial Act.

IT IS SO ORDERED.

20130321

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