IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 1, 2013
UNITED STATES OF AMERICA,
NOE SANCHEZ-ESCEVERRE, DEFENDANT.
The opinion of the court was delivered by: Judge Hon. Morrison C. England, Jr.
CONTINUING STATUS CONFERENCE ORDER;
AND EXCLUDING TIME
Date: May 16, 2013
Time: 9:00 a.m.
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 Assistant Federal Defender for NOE SANCHEZ-ESCEVERRE that the status conference hearing date of May 2, 2013 be vacated, and the matter be set for status conference on May 16, 2013 at 9:00 a.m.
The reason for the continuance is that Mr. Sanchez Esceverre requires time to consult with private counsel regarding retaining his services, and in the event that he does not retain private counsel, requires time to consult with current counsel regarding the anticipated change of plea.
Based upon the foregoing, the parties agree that the time within which the trial of this matter must be commenced under the Speedy Trial Act should be excluded from the date of this stipulation, May 1, 2013, through and including May 16, 2013, pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv) and Local Code T4 based upon continuity of counsel and need for additional time for defense preparation. The parties stipulate and agree that the Court shall find 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.
DATED: May 1, 2013 Respectfully submitted, JOSEPH SCHLESINGER Acting Federal Public Defender /s/ Courtney Fein Assistant Federal Defender COURTNEY FEIN Attorney for NOE SANCHEZ-ESCEVERRE Designated Counsel for Service DATED: May 1, 2013 BENJAMIN WAGNER United States Attorney /s/ Courtney Fein for Assistant U.S. Attorney NIRAV DESAI Attorney for Plaintiff
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the May 2, 2013, status conference hearing be continued to May 16, 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 beginning from the parties stipulation on May 1, 2013, up 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, for continuity of counsel and to allow defense counsel reasonable time to prepare.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR., CHIEF JUDGE UNITED STATES DISTRICT COURT
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