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United States v. Gonzalez-Moran

United States District Court, Ninth Circuit

September 26, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
ARTURO GONZALEZ-MORAN and GILBERTO LORENZO LUVIO, Defendants.

HEATHER E. WILLIAMS, #122664, Federal Defender, BENJAMIN D. GALLOWAY, #214897, Assistant Federal Defender, Designated Counsel for Service, Sacramento, CA, Attorney for Defendant, ARTURO GONZALEZ-MORAN.

J. PATRICK McCARTHY, Attorney for Defendant.

GILBERTO LORENZO LUVIO BENJAMIN B. WAGNER United States Attorney MICHAEL McCOY Assistant U.S. Attorney Attorney for Plaintiff.

STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

JOHN A. MENDEZ, District Judge.

IT IS HEREBY STIPULATED and agreed to between the United States of America through MICHAEL McCOY, Assistant U.S. Attorney; defendant ARTURO GONZALEZ-MORAN by and through his counsel, BENJAMIN GALLOWAY, Assistant Federal Defender; and defendant GILBERTO LORENZO LUVIO, by and through his counsel, J. PATRICK McCARTHY, that the status conference set for October 1, 2013 be vacated and a change of plea hearing be set for October 8, 2013 at 9:45 a.m.

The reason for this continuance is to allow defense counsel additional time to review discovery with the defendants, review plea agreements with the defendants, and to negotiate a resolution to this matter. The parties find 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.

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 8, 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.

Respectfully submitted,

ORDER

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the October 1, 2013, status conference hearing be vacated and a change of plea hearing be set for October 8, 2013, at 9:45 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 8, 2013 change of plea hearing 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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