AMENDED STIPULATION AND ORDER TO CONTINUE HEARING

SHEILA K. OBERTO, Magistrate Judge.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, ROBERT LAMANUZZI attorney for Defendant MARK SAENZ, and KIMBERLY SANCHEZ, Assistant U.S. Attorney for Plaintiff, that the sentencing hearing currently scheduled for February 20, 2018, at 1:00 p.m., shall be continued until APRIL 2, 2018, at 1:00 p.m.

This continuance is necessary because defense counsel is in an ongoing jury trial in the Fresno County Superior Court.

The parties stipulate that the time until the next hearing should be excluded from the calculation of time under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. §3161(h)(7)(B)(iv). The parties stipulate and agree that the interests of justice are served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §3161(h)(7)(A).

ORDER

The parties' request for a continuance is DENIED.

This case is set for a fourth status conference and trial setting on February 20, 2018, and not for a sentencing hearing. Additionally, this case has been pending since June 2017. At the status conference on January 16, 2018, defense counsel stated that be believed the matter would soon resolve. The Court set a further status conference on February 20, 2018, and asked the parties to be prepared to set the case for trial at the next status conference, if the matter had not resolved. As such, the parties shall be prepared to set a trial date before Chief District Judge Lawrence J. O'Neill at the February 20, 2018, status conference.

IT IS SO ORDERED.