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U.S. v. VALDEZ, 2:15-cr-058 MCE. (2015)

Court: District Court, E.D. California Number: infdco20151208a86 Visitors: 10
Filed: Dec. 02, 2015
Latest Update: Dec. 02, 2015
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME MORRISON C. ENGLAND, Jr. , Chief District Judge . IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Jill Thomas, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Matthew C. Bockmon, attorney for Tabitha Valdez, and David Santiago Valdez, by and through his counsel Candace Fry that the status conference set for
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND EXCLUDE TIME

IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Jill Thomas, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Matthew C. Bockmon, attorney for Tabitha Valdez, and David Santiago Valdez, by and through his counsel Candace Fry that the status conference set for December 3, 2015, be continued to January 14, 2016, at 9:00 a.m.

The reasons for this continuance are to allow defense counsel additional time to review discovery with the defendants, to examine possible defenses, to continue investigating the facts of the case and for continued defense preparation.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded of this order's date through and including January 14, 2016; pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

Counsel and the defendants also agree that the ends of justice served by the Court granting this continuance outweigh the best interests of the public and the defendants in a speedy trial.

ORDER

The Court, having received, read, and considered the stipulation of the parties, and good cause appearing, adopts the stipulation in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. It further finds that the ends of justice served by granting the continuance outweigh the best interests of the public and defendant in a speedy trial.

The Court orders the status conference rescheduled for January 14, 2016, at 9:00 a.m. Time from the date of the parties' stipulation, up to and including January 14, 2016, is excluded from computation of time within which the trial of this case must commence under the Speedy Trial Act, pursuant to 18 U.S.C. §§3161(h)(7), and Local Code T4.

IT IS SO ORDERED.

Source:  Leagle

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