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United States v. Balero

United States District Court, Ninth Circuit

November 4, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
EDWIN WILLIAM BALERO, Defendant.

William Bonham, SBN: 55478 Sacramento, CA, Attorney for defendant EDWIN BALERO.

BENJAMIN B. WAGNER, United States Attorney.

MICHAEL McCOY, Assistant U.S. Attorney.

STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

JOHN A. MENDEZ, District Judge.

The defendant, EDWIN BALERO, through his undersigned counsel, and the United States, through its undersigned counsel, hereby agree and request that the status conference currently set for Tuesday, November 5, 2013 at 9:45 am be vacated and continued until Tuesday, November 12, 2013 at 9:45 am.

Defense counsel was out of the office last week recovering from a brief and unexpected hospitalization. A continuance is necessary to provide the parties with additional time for case preparation and ongoing plea and sentencing negotiations.

The parties agree that time should be excluded under the Speedy Trial Act to provide the parties additional time for case preparation and ongoing plea and sentencing negotiations. Local Code T4 & 18 U.S.C § 3161 (h)(7)(B)(iv).

I, William E. Bonham, the filing party, have received authorization from AUSA Michael McCoy to sign and submit this stipulation and proposed order on his behalf.

The parties agree that the failure to grant a continuance in this matter would deny counsel reasonable time for effective preparation, taking into account the exercise of due diligence, and that the ends of justice served by granting this continuance outweigh the best interests of the public and defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). Accordingly, the defense and the United States agree and request that the status conference for defendant EDWIN BALERO, be continued to Tuesday, November 12, 2013 at 9:45 am.

ORDER

IT IS SO ORDERED. The status conference for defendant, EDWIN BALERO, currently set for Tuesday, November 5, 2013 at 9:45 am should be vacated and continued to Tuesday, November 12, 2013 at 9:45 am.

I find that the continuance is necessary due to the needs of counsel for continued case preparation and plea/sentencing negotiations and that a failure to do so would deny counsel reasonable time for effective preparation, taking into account the exercise of due diligence. Accordingly, time is excluded under the Speedy Trial Act, due to needs of counsel for additional case preparation and ongoing plea/sentencing negotiations, from November 5, 2013 up to and including November 12, 2013 pursuant to Local Code T4 and 18 U.S.C. § 3161(h)(7)(B)(iv). I find that the ends of justice served by granting this continuance outweigh the best interest of the public and defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).


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