U.S. v. Ibarra, 2:15-CR-229 GEB. (2016)
Court: District Court, E.D. California
Number: infdco20160211a43
Visitors: 4
Filed: Feb. 10, 2016
Latest Update: Feb. 10, 2016
Summary: STIPULATION TO CONTINUE PRELIMINARY HEARING; [PROPOSED] FINDINGS AND ORDER CAROLYN K. DELANEY , Magistrate Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for a preliminary hearing on April 4, 2016. 2. By this stipulation, defendant now moves to continue the preliminary hearing until April 7, 2016. 3. The partie
Summary: STIPULATION TO CONTINUE PRELIMINARY HEARING; [PROPOSED] FINDINGS AND ORDER CAROLYN K. DELANEY , Magistrate Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for a preliminary hearing on April 4, 2016. 2. By this stipulation, defendant now moves to continue the preliminary hearing until April 7, 2016. 3. The parties..
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STIPULATION TO CONTINUE PRELIMINARY HEARING; [PROPOSED] FINDINGS AND ORDER
CAROLYN K. DELANEY, Magistrate Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:
1. By previous order, this matter was set for a preliminary hearing on April 4, 2016.
2. By this stipulation, defendant now moves to continue the preliminary hearing until April 7, 2016.
3. The parties agree and stipulate, and request that the Court find the following:
a) The Complaint in this case was filed on April 10, 2015.
b) The defendant first appeared before a judicial officer on April 13, 2015.
c) The parties have reached a plea agreement, and with that understanding, the United States filed an Information on December 1, 2015. Dkt. #28.
d) The defendant has not yet appeared before a judicial officer for arraignment on that charge.
e) The parties stipulate that the delay of the preliminary hearing and of Ms. Ibarra's plea entry is required because of her unavailability and physical inability to stand trial.
f) Specifically, defendant Ibarra is out of custody, pregnant, and due to deliver on about March 2, 2016. Also, Ms. Ibarra is having a difficult pregnancy and has been unable to travel from her home in the Central District of California for court proceedings: In November, she spent several days in Palm Springs's Desert Regional Medical Center, where she received medicine to stop premature contractions. She was subsequently ordered to bed rest. At a doctor's appointment in December, she was ordered to bed rest for another three weeks.
g) The preliminary hearing was previously set for April 4, 2016: The parties expected Ms. Ibarra to appear for arraignment on the Information that day and then to appear in front of U.S. District Judge John A. Mendez the following morning to enter her change of plea.
h) Recently, the case was transferred to the docket of U.S. District Judge Garland E Burrell. The parties now anticipate scheduling a change of plea for Friday, April 8, 2016. For this reason, the parties agree that the preliminary hearing should be continued to April 7, 2016.
i) Pursuant to Rule of Criminal Procedure 5.1(d), the parties move the Court to find that, taking into account the public interest in the prompt disposition of criminal cases, there is good cause for the continuance.
IT IS SO STIPULATED.
ORDER
IT IS SO FOUND AND ORDERED
Source: Leagle
