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United States of America v. Luis Gonzalo Soto

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


April 25, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
LUIS GONZALO SOTO,
DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge

JOSEPH SCHLESINGER, Bar #87692 Acting Federal Defender DOUGLAS BEEVERS, USVI Bar #766 Assistant Federal Defender Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant LUIS GONZALO SOTO

STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

Date: May 17, 2013 Time: 9:00 a.m. Judge: Hon. Garland E. Burrell

The parties request that the status conference in this case be continued from April 26, 2013, to May 17, 2013 at 9:00 a.m. They stipulate that the time between April 26, 2013, 2013 and May 17, 2013 should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. §3161(h)(7)(A) and (B)(iv) and Local Code T-4. Specifically, defense counsel needs additional time to review and examine the evidence, investigate the facts of the case and to negotiate a resolution to this matter. The parties stipulate and agree that the ends of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §3161(h)(7)(A) and (B)(iv) and Local Code T-4.

ORDER UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for April 26, 2013, be continued to May 17, 2013, at 9:00 a.m. Based on the representation of counsel and good cause appearing therefrom, and the Court hereby 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. The Court specifically 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. It is ordered that time from April 26, 2013, to and including, the May 17, 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.

IT IS ORDERED.

20130425

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