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United States v. Martinez

United States District Court, Ninth Circuit

May 20, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
ANTHONY GENE RICHARD MARTINEZ, aka Gene Martinez, Defendant.

BENJAMIN B. WAGNER, United States Attorney, JUSTIN L. LEE, Assistant U.S. Attorney, Sacramento, CA. COURTNEY FEIN, Attorney for Defendant.

STIPULATION AND ORDER EXCLUDING TIME

GARLAND E. BURRELL, Jr., Senior District Judge.

STIPULATION

The United States, by and through its undersigned counsel, and the defendant, by and through his counsel of record, hereby stipulate as follows:

1. The parties appeared before the Court on May 17, 2013, for a Change of Plea Hearing. The Court began, but did not complete, the Rule 11 plea colloquy. Instead, the parties requested that the Court reset the matter for a Change of Plea Hearing on June 14, 2013, at 9:00 a.m.
2. By this Stipulation, the defendant now moves to exclude time between May 17, 2013, and June 14, 2013, under Local Code T4. The United States does not oppose this request.
3. The parties agree and stipulate, and request that the Court find the following:
a. The defendant and defense counsel need further time to discuss the terms and consequences of the draft plea agreement between the parties.
b. Based on the above-stated findings, the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendant in a trial within the original date prescribed by the Speedy Trial Act.
c. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, within which trial must commence, the time period of May 17, 2013, to June 14, 2013, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), (B)(iv) [Local Code T4] because it results from a continuance granted by the Court at the defendant's request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.

IT IS SO STIPULATED.

ORDER

IT IS SO FOUND AND ORDERED.


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