STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

LAWRENCE J. O'NEILL, District Judge.

The parties hereto, by and through their respective attorneys, stipulate and agree that the status conference currently calendared for November 19, 2012 be continued to December 3, 2012 at 8:30 a.m. before the Honorable Lawrence J. O'Neill.

The additional time agreed to by the parties is for the benefit of the defense to allow completion of the tasks assigned to the investigator by defense counsel. Due to the unanticipated absence of the investigator, the investigation will not be completed by November 19, 2012 so as to afford defense counsel sufficient information to analyze Mr. Alfred's legal situation.

Last month, a funding request was approved for the defense investigator selected by defense counsel. The investigator began working on requests/tasks identified by defense counsel.

The week of October 29, 2012, defense counsel learned that, as explained hereinafter, the defense investigator would be unavailable for two weeks. In October, 2012, the defense investigator taught a week long class in Columbia for the United States Department of Justice. According to the defense investigator, he believed that assignment was a one time commitment. The week of October 22, 2012, the defense investigator was contacted by the Department of Justice concerning classes which the DOJ believed the defense investigator had committed to instruct the weeks of November 5, 2012 and November 12, 2012. According to the defense investigator, he attempted to clarify that he had only committed to teach one class. Because a replacement could not be located to instruct Columbian investigators and prosecutors concerning financial investigation techniques, the investigator agreed to instruct the classes which were already arranged. The investigator advised defense counsel that DOJ promised him they would find another instructor for classes scheduled in December.

The defense investigator will be returning to Fresno on November 17, 2012. He has assured defense counsel that he will be able to complete the investigation within two weeks after returning to the United States.

This stipulation will prevent Mr. Alfred from needlessly being transported from Lerdo for the court appearance presently calendared for November 19, 2012.

The parties also agree that any delay resulting from this continuance shall be excluded in the interest of justice pursuant to 18 U.S.C. §§ 3161(h)(1)(F), 3161(h)(8)(A) and 3161(h)(8)(B)(I).

Good cause exists for the continuance. Time is excluded for the reasons stated. At the next hearing, trial will be set.

IT IS SO ORDERED.