IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 9, 2013
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Judge: Hon. Sheila K. Oberto
STIPULATION MOVING CASE BACK TO MAGISTRATE CALENDAR; AND ORDER ) OF DENIAL THEREON
Date: May 13, 2013
Time: 1:00 p.m.
IT IS HEREBY STIPULATED by the parties through their respective counsel that this matter now set for May 13, 2013 at 8:30 a.m. before the Honorable Lawrence J. O'Neill, U.S. District Court Judge may be moved to the calendar of the Honorable Sheila K. Oberto, U.S. Magistrate Judge on May 13, 2013 at 1:00 p.m.
The reason for this change is that defense counsel has not conferred with the defendant since the preparation of the Presentence Report and the plea agreement has not been accepted. Defendant is at the Lerdo Facility. It will not be possible for counsel to speak to defendant before an 8:30 a.m. appearance because of the early start time. Placing this matter on the 1:00 p.m. calendar will allow counsel to confer with defendant before the status conference. The matter could then be rescheduled before the district court.
BENJAMIN B. WAGNER United States Attorney DATED: May 9, 2013 By /s/ Mia A. Giacomazzi MIA A. GIACOMAZZI Assistant United States Attorney Attorney for Plaintiff HEATHER E. WILLIAMS Federal Defender DATED: May 9, 2013 By /s/ Victor M. Chavez VICTOR M. CHAVEZ Assistant Federal Defender Attorneys for Defendant Gustavo Gil-Coronel
Once a matter has been sent to the District Judge's calendar, it doesn't go back. To accommodate the concern, however, the Court will set this matter for 1:30 p.m. on the date set before the District Judge and if it is not to be a change of plea, the Court will set a trial date at that time.
IT IS SO ORDERED.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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