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United States of America v. Ivan Linghon Delacruz

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 14, 2013

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
IVAN LINGHON DELACRUZ,
DEFENDANT.

The opinion of the court was delivered by: Judge: William B. Shubb

HEATHER E. WILLIAMS, #122664 Federal Defender MICHAEL PETRIK, Jr., #177913 Assistant Federal Defender 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorneys for Defendant IVAN LINGHON DELACRUZ

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE TO JUNE 24, 2013, AT 9:30 A.M. Date: May 20, 2013 Time: 9:30 a.m.

THE PARTIES STIPULATE, through their respective attorneys, that the Court should vacate the status conference scheduled for May 20, 2013, at 9:30 a.m., and reset it for June 24, 2013, at 9:30 a.m.

Counsel for defendant requires further time to review discovery, and to confer with Mr. Delacruz. Counsel also requires further time to receive and review a psychological evaluation of Mr. Delacruz, and confer with him about that. Counsel has yet to receive the psychological evaluation from the expert.

The parties further stipulate that the Court should exclude the period from the date of this order through June 24, 2013, when it computes the time within which the trial of the above criminal prosecution must commence for purposes of the Speedy Trial Act. The parties stipulate that the ends of justice served by granting defendant's request for a continuance outweigh the best interest of the public and the defendant in a speedy trial, and that this is an appropriate exclusion of time for defense preparation within the meaning of 18 U.S.C. § 3161(h)(7) [reasonable time to prepare], and Local Code T4.

ORDER

IT IS SO ORDERED. The Court orders time excluded from the date of this order through the status conference on June 24, 2013, pursuant to 18 U.S.C. § 3161(h)(7), and Local Code T4. The Court finds that the ends of justice served by granting defendant's request for a continuance outweigh the best interest of the public and the defendant in a speedy trial. The status conference scheduled for May 20, 2013, at 9:30 a.m. is reset for June 24, 2013, at 9:30 a.m.

20130514

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