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United States v. Torres-Gutierrez, CR 18-458 RS (2). (2019)

Court: District Court, N.D. California Number: infdco20190717795 Visitors: 21
Filed: Jul. 12, 2019
Latest Update: Jul. 12, 2019
Summary: STIPULATION AND [ PROPOSED ] ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT RICHARD SEEBORG , District Judge . This matter is presently set for a status conference on July 16, 2019. Ms. Torres-Gutierrez is currently on pretrial release and resides in the Central District of California. Counsel are in active negotiations with regard to a potential pretrial disposition in this matter. Additionally, defense counsel is exploring the possibility of resolvin
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STIPULATION AND [ PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

This matter is presently set for a status conference on July 16, 2019. Ms. Torres-Gutierrez is currently on pretrial release and resides in the Central District of California. Counsel are in active negotiations with regard to a potential pretrial disposition in this matter. Additionally, defense counsel is exploring the possibility of resolving this matter in the Central District of California pursuant to Rule 20 of the Federal Rules of Criminal Procedure and is in the process of consulting with the Federal Public Defender for that district in furtherance of this possibility. For these reasons, the parties stipulate and respectfully request the Court continue the status conference from July 16, 2019 to August 6, 2019 at 2:30 p.m.

For the same reasons, the parties also stipulate that the time between July 16, 2019 and August 6, 2019, should be excluded from calculation under the Speedy Trial Act for the effective preparation of counsel and that ends of justice served by any such continuance outweigh the best interests of the public and the defendant in a speedy trial.

IT IS SO STIPULATED this 12th day of July, 2019.

DAVID L. ANDERSON MOEEL LAW OFFICE United States Attorney /s/ /s/ NIKHIL BHAGAT SHAFFY MOEEL Assistant United States Attorney Attorney for Maria Alicia Torres-Gutierrez Attorneys for the United States

[PROPOSED] ORDER

For good cause shown, with respect to defendant Maria Alicia Torres-Gutierrez, the status conference hearing presently set for July 16, 2019 at 2:30 p.m. is continued to August 6, 2019 at 2:30 p.m.

Based upon the stipulation of counsel and for good cause shown, the Court finds that failing to exclude the time between July 16, 2019, and August 6, 2019 would deny counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The Court further finds that the ends of justice served by excluding the time from July 16, 2019 through and including August 6, 2019, from computation under the Speedy Trial Act outweigh the best interests of the public and the defendants in a speedy trial. Having made these findings, it is hereby ORDERED that the time from July 16, 2019 through and including August 6, 2019, shall be excluded from computation under the Speedy Trial Act as to this defendant. 18 U.S.C. § 3161(h)(7)(B)(iv).

PURSUANT TO STIPULATION, IT IS SO ORDERED.

Source:  Leagle

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