IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 5, 2013
UNITED STATES OF AMERICA,
MICHAEL ANGEL ESPINOZA,
The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge
JOSEPH SCHLESINGER, Bar #87692 Acting Federal Defender ANDRAS FARKAS, Bar #254302 Assistant Federal Defender Designated Counsel for Service 2300 Tulare Street, Suite 330 Fresno, California 93721-2226 Telephone: (559) 487-5561 Attorney for Defendant MICHAEL ANGEL ESPINOZA
STIPULATION TO CONTINUE STATUS CONFERENCE HEARING; ORDER
Date: May 6, 2013 Time: 8:30 A.M. Judge: Hon. Lawrence J. O'Neill
IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the status conference hearing in the above captioned matter now set for April 8, 2013, may be continued to May 6, 2013, at 8:30 A.M. before Judge O'Neill.
This continuance is requested by counsel for the defendant. Since the last hearing on March 18, 2013, counsel have actively engaged in plea negotiations which resulted in a tentative agreement which was forwarded to defense counsel on the morning of Thursday, April 4, 2013. Counsel has reviewed the agreement with the defendant, who needs additional time to consider the offer. The requested continuance will conserve time and resources for both counsel and the court. Assistant United States Attorney Kimberly A. Sanchez has no objection to this request.
The parties agree that time shall be excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B) in that the ends of justice served by the continuance outweigh the interest of the public and the defendant in a speedy trial, including, but not limited to, the need for the period of time set forth herein for effective defense preparation and continuing plea negotiation purposes.
ORDER IT IS SO ORDERED. For the reasons set forth above, the continuance requested is granted for good cause. The Court finds that the interest of justice outweighs the interests of the public and defendant in a speedy trial, and time is excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B).
IT IS SO ORDERED.
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