The opinion of the court was delivered by: Garland E. Burrell, Jr. Senior United States District Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME
DATE: May 17, 2013
TIME: 9:00 a.m.
JUDGE: Hon. Garland E. Burrell
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, NIRAV DESAI Assistant United States Attorney, attorney for Plaintiff, and ANGELES ZARAGOZA Assistant Federal Defender attorney for Defendant, ANASTACIO TAFOYA-MUNOZ, that the status conference set for Friday, May 10, 2013 be continued to Friday, May 17, 2013 at 9:00 a.m.
The reason for this continuance is because defense counsel will be out of town on May 10, 2013 and will need additional time to meet with the defendant. The Fast-Track plea agreement has already been signed and provided to the government. The parties agree that this case will resolve without the need of a trial.
The parties stipulate that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial.
Speedy trial time is to be excluded from the date of this order through the date of the status conference set for May 17, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
AGREED: DATED: April 30, 2013 JOSEPH SCHLESINGER Acting Federal Defender /s/ Angeles Zaragoza ANGELES ZARAGOZA Assistant Federal Defender Attorney for Defendant DATED: April 30, 2013 BENJAMIN WAGNER United States Attorney /s/ Angeles Zaragoza for NIRAV DESAI Assistant U.S. Attorney Attorney for Plaintiff
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny 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 the requested continuance outweigh the best interests of the public and defendant in a speedy trial.
The Court orders that the time from the date of the parties stipulation, up to and including May 17, 2013, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) T4 (reasonable time for counsel to prepare). It is further ordered that the May 10, 2013 status conference shall be continued until May 17, 2013, at 9:00 a.m.
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