STIPULATION AND [PROPOSED] ORDER CONTINUING CHANGE OF PLEA HEARING

SUSAN ILLSTON, District Judge.

The United States of America, by its attorneys, Melinda Haag, United States Attorney, and Assistant United States Attorney ("AUSA") W.S. Wilson Leung, and defendant MARIO OCHOA-GONZALEZ, by his attorney, Peter Goodman, hereby submit this Stipulation and [Proposed] Order requesting that the December 6, 2012, date currently set for the defendant's Change of Plea in this matter be continued to January 11, 2013.

The parties hereby stipulate and agree to the following:

1. On October 15, 2012, an Information was filed in this matter charging defendant OCHOA with violations of 21 U.S.C. § 841(a)(1) and (b)(1)(C), and 18 U.S.C. §§ 924(c)(1)(A) and 2. Defendant OCHOA appeared for arraignment that day, entered not guilty pleas to those two charges and the matter was continued to November 30, 2012, at 11:00 a.m., for Change of Plea before this Court.

2. A scheduling conflict developed which prevented defense counsel from appearing before this Court on November 30, 2012, and the matter was continued to December 6, 2012, at 3:30 p.m.

3. Defendant OCHOA needs additional time to decide whether to enter guilty pleas to the two charges contained in the information and has requested that the matter be continued to January 11, 2013, at 11:00 a.m. AUSA Leung is not opposed to the requested continuance.

4. Should this request be granted, the parties stipulate and agree that time should properly be excluded under the Speedy Trial Act from December 6, 2012, through January 11, 2013, in the interests of justice and to ensure effective assistance of counsel.

SO STIPULATED.

ORDER CONTINUING CHANGE OF PLEA HEARING

Based on the stipulation of the parties and good cause appearing, IT IS HEREBY ORDERED that the Change of Plea hearing in this matter, which is presently scheduled for December 6, 2012, at 3:30 p.m., be continued to January 11, 2013, at 11:00 a.m. and that time under the Speedy Trial Act be excluded through January 11, 2013.