STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME FROM OTHERWISE APPLICATION SPEEDY TRIAL ACT CALCULATION

VINCE CHHABRIA, District Judge.

STIPULATION

IT IS HEREBY STIPULATED by the parties, through undersigned counsel, that:

1. The parties appeared before the Court on January 12, 2015 at 2:00 p.m. for a status hearing. The defendant, Miguel Ascencio Garcia, was present and represented by Mr. Erick Guzman. Assistant United States Attorney Michael Maffei appeared for the Government. The parties agreed to a schedule of dates for motions and for the jury trial in this case.

2. Accordingly, with the parties' agreement as to the new date, the Court scheduled a motions hearing for March 16, 2015 at 2:00 p.m.

3. The parties now formalize their request for a continuance of this matter to March 16, 2015 at 2:00 p.m. for the motions hearing, and respectfully submit and agree that the period from January 12, 2015 through and including March 16, 2015 should be excluded from the otherwise applicable Speedy Trial Act computation because the continuance is necessary for effective preparation of counsel, taking into account the exercise of due diligence.

[PROPOSED] ORDER

Based upon the above-described Stipulation, THE COURT FINDS THAT the ends of justice served by granting a continuance from January 12, 2015 through and including March 16, 2015 outweigh the best interest of the public and the defendant in a speedy trial, and that failure to grant such a continuance would unreasonably deny the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

Accordingly, THE COURT ORDERS THAT:

1. The parties shall appear before the Court on March 16, 2015 at 2:00 p.m. for a motions hearing.

2. The period from January 12, 2015 through and including March 16, 2015 is excluded from the otherwise applicable Speedy Trial Act computation, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv).

IT IS SO ORDERED.