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U.S. v. MOLINERO-GUTIERREZ, 2:14-CR-00179 MCE. (2015)

Court: District Court, E.D. California Number: infdco20150720747 Visitors: 9
Filed: Jul. 17, 2015
Latest Update: Jul. 17, 2015
Summary: STIPULATION AND ORDER TO CONTINUE CHANGE OF PLEA HEARING, AND TO EXCLUDE TIME MORRISON C. ENGLAND, Jr. , Chief District Judge . IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Katherine Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Sean Riordan, attorney for Marvin Molinero-Gutierrez, that the change of plea hearing scheduled for July 16, 2015 be vacated and be contin
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STIPULATION AND ORDER TO CONTINUE CHANGE OF PLEA HEARING, AND TO EXCLUDE TIME

IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Katherine Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Sean Riordan, attorney for Marvin Molinero-Gutierrez, that the change of plea hearing scheduled for July 16, 2015 be vacated and be continued to August 20, 2015 at 9:00 a.m.

The reason for continuance is to allow the defense time to obtain information and documents from third-parties, which information and documents are necessary to understand the Defendant's legal position and options.

Based Upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded as of this order's date through and including August 20, 2015; 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.

The Court, having recieved, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial. The Court orders the time from the date the parties stipulated, up to and including August 20, 2015, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and(B)(iv) [reasonable time for counsel to prepare] and General Order 479, (Local Code T4). It is further ordered the July 16, 2015 change of plea hearing shall be continued until August 20, 2015, at 9:00 a.m.

IT IS SO ORDERED.

Source:  Leagle

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