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United States v. Valenzuela

United States District Court, Ninth Circuit

June 5, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
ADRES VALENZUELA and ARISTEO HERRERA, Defendants.

HEATHER E. WILLIAMS, Bar #122644 Federal Defender, BENJAMIN D. GALLOWAY, Bar #214897 Assistant Federal Defender, Sacramento, California, Attorney for Defendant ANDRES VALENZUELA.

INA SANTOS, Attorney for Defendant ARISTEO HERRERA.

BENJAMIN B. WAGNER United States Attorney, DANIEL McCONKIE Assistant U.S. Attorney, Attorney for Plaintiff.

STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME

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

It is hereby stipulated and agreed to between the United States of America through DANIEL McCONKIE, Assistant U.S. Attorney; defendant ADRES VALENZUELA by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender; and defendant ARISTO HERRERA, by and through his counsel, DINA SANTOS, that the status conference set for Friday, June 7, 2013 be continued to Friday, July 19, 2013 at 9:00 a.m.

The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, to examine possible defenses and to continue investigating the facts of the case.

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 July 19, 2013, pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).

ORDER

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 July 19, 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 June 7, 2013 status conference shall be continued until July 19, 2013, at 9:00 a.m.


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