IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
March 28, 2013
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Garland E. Burrell, Jr. Judge Senior United States District
STIPULATION AND [PROPOSED] ORDER; CONTINUING STATUS
CONFERENCE AND EXCLUDING ) TIME
Date: May 3, 2013
Time: 9:00 a.m.
Judge: Hon. Garland E. Burrell, Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, NIRAV DESAI, Assistant United States Attorney, attorney for Plaintiff, and COURTNEY FEIN, attorney for RAMIRO CHAVEZ-MADRIGAL that the status conference hearing date of April 26, 2013, be rescheduled for a status conference hearing on May 3, 2013, at 9:00 a.m..
The reason for this continuance is defense counsel is unavailable on the date this case is currently set, and in addition requires additional time to further review the discovery, have further discussions with her client, and investigate 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 May 3, 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: March 27, 2013 Respectfully submitted, DANIEL J. BRODERICK Federal Public Defender /s/ Courtney Fein COURTNEY FEIN Assistant Federal Defender Designated Counsel for Service Attorney for AMADO JUAREZ DATED: March 28, 2 0 1 3 . BENJAMIN WAGNER United States Attorney /s/ Courtney Fein for NIRAV DESAI Assistant U.S. Attorney Attorney for Plaintiff
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the April 26, 2013, status conference hearing be continued to May 3, 2013, at 9:00 a.m.. Based on the representation of defense counsel and good cause appearing therefrom, 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 May 3, 2013 status conference 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.
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