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United States v. Hidalgo

United States District Court, Ninth Circuit

August 29, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
JORGE HIDALGO, Defendant.

HEATHER E. WILLIAMS, Bar #122664 Federal Defender, DOUGLAS BEEVERS, Bar #766 Designated Counsel for Service, Sacramento, California, Attorney for Defendant, JORGE HIDALGO.

BENJAMIN WAGNER, United States Attorney, CHRISTIAAN HIGHSMITH, Assistant U.S. Attorney, Attorney for Plaintiff.

STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

TROY L. NUNLEY, District Judge.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, CHRISTIAAN HIGHSMITH, Assistant United States Attorney, attorney for Plaintiff, and DOUGLAS BEEVERS, attorney for JORGE HIDALGO, that the status conference hearing date of August 29, 2013 be vacated, and the matter be set for status conference on October 24, 2013 at 9:30 a.m.

The reason for this continuance is to allow defense counsel additional time to review discovery with the defendant, as well as continue negotiations toward resolving the case.

Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including October 24, 2013 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.

ORDER

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the August 29, 2013, status conference hearing be continued to October 24, 2013, at 9:30 a.m. Based on the representation of defense counsel and good cause appearing there from, 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 up to and including the October 24, 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, to allow defense counsel reasonable time to prepare.


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