STIPULATION AND ORDER TO CONTINUE CHANGE OF PLEA HEARING AND EXCLUDE TIME

TROY L. NUNLEY, District Judge.

IT IS HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney, through James Conolly, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Linda C. Allison, attorney for Emmanuel Diaz-Escadeno, that the status conference/change of plea hearing scheduled for September 20, 2018 be vacated and be continued to October 25, 2018 at 9:30 a.m..

Defense counsel needs additional time to discuss the revised proposed plea agreement with the government and discuss plea negotiations with her client.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded from this order's date through and including October 25, 2018, 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.

ORDER

IT IS HEREBY ORDERED, the Court, having received, 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 October 25, 2018, 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 September 20, 2018 status conference/change of plea hearing shall be continued until October 25, 2018, at 9:30 a.m. before Judge Troy L. Nunley.