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United States v. Renteria

United States District Court, E.D. California

February 20, 2014

UNITED STATES OF AMERICA, Plaintiff,
v.
STEVEN ROBERT RENTERIA, et. al., Defendants.

John D. Gallegos, Esq. (Bar No. 150705) The Law Offices of John D. Gallegos, Rancho Mirage, CA, Attorney for Defendant Patricia Gonzales Renteria.

T. LANCE ARCHER, Attorney for Defendant STEVEN ROBERT RENTERIA.

STIPULATION RE: CONTINUANCE AND FINDINGS AND ORDER

LAWRENCE J. O'NEILL, District Judge.

Defendants, PATRICIA GONZALES RENTERIA AND STEVEN ROBERT RENTERIA by and through their attorneys, JOHN D. GALLEGOS, T. LANCE ARCHER, and the United States of America, by and through its attorney, LAUREL J. MONTOYA, Assistant United States Attorney, hereby enter into the following stipulation:

1. The parties to the above-captioned matter agree to vacate the February 24, 2014, hearing date, and reset the matter for March 31, 2014, at 11:00 a.m., and to exclude time between February 24, 2014 and March 31, 2014, under 18 U.S.C.§ 3161(h)(7)(A), B(iv).
2. The parties stipulate that the continuance is necessary to ensure the availability and continuity of defense counsel for the hearing. Attorney Archer will be in trial on February 24, 2014 and unable to appear in the Eastern District of California on the date presently set.
3. Based on the above, 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.

4. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of February 24, 2014 to March 31, 2014, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) because it results from a continuance granted by the Court at 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 defendants interest in a speedy trial.

5. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence.

ORDER

Having read and considered the foregoing stipulation, IT IS THE ORDER OF THE Court that the current hearing date of February 24, 2014 is hereby vacated in this matter and is reset for March 31, 2014, at 11:00 a.m.

The court further finds that the ends of justice served by granting the requested continuance outweigh the best interests of the public and defendants in a speedy trial, in that the failure to grant the continuance would deny the defendant's availability and continuity of counsel.

WHEREFORE IT IS HEREBY ORDERED that time shall be excluded in the interest of justice, pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv).

IT IS SO ORDERED.


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