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U.S. v. Verdin, 1:15-CR-00178-DAD-BAM-2. (2017)

Court: District Court, E.D. California Number: infdco20170131914 Visitors: 23
Filed: Jan. 29, 2017
Latest Update: Jan. 29, 2017
Summary: STIPULATION AND ORDER TO CONTINUE CHANGE OF PLEA HEARING DALE A. DROZD , District Judge . Plaintiff United States of America, by and through its attorney of record, Assistant United States Attorney Laurel J. Montoya, and defendant Rebeca Isabel Verdin, by and through her counsel of record, Angel Navarro, hereby stipulate to continue the change of plea hearing date in this case. Defendant is scheduled to appear for a change of plea hearing date before the Court on Wednesday February 1, 2017
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STIPULATION AND ORDER TO CONTINUE CHANGE OF PLEA HEARING

Plaintiff United States of America, by and through its attorney of record, Assistant United States Attorney Laurel J. Montoya, and defendant Rebeca Isabel Verdin, by and through her counsel of record, Angel Navarro, hereby stipulate to continue the change of plea hearing date in this case.

Defendant is scheduled to appear for a change of plea hearing date before the Court on Wednesday February 1, 2017, at 10:00 a.m. Counsel for defendant represents that additional time is necessary to confer with the defendant. Government counsel has made a written plea offer and defense counsel and the defendant require additional time to meet and confer with respect to the proposed offer. Defense counsel expects that defendant will enter a plea of guilty in this matter. Defense counsel represents that failure to grant the continuance would deny him reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The parties would stipulate to continue the change of plea hearing date to March 27, 2017, at 10:00 a.m. The parties would further stipulate that the period of time between the filing of this stipulation, namely, January 19, 2017, to March 27, 2017, is excludable time pursuant to the Speedy Trial Act, 18 U.S.C. 3161(h)(7)(A), (h)(7)(B)(i) and (h)(7)(B)(iv) because the delay results for a continuance granted by the Court at defendant's request, without government objection, on the basis of the Court's finding that: (i) the ends of justice served by the continuance outweigh the best interest of the public and defendant in a speedy trial; (ii) failure to grant the continuance would be likely to make a continuation of the proceeding impossible, or result in a miscarriage of justice; and (iii) failure to grant the continuance would unreasonably deny defendant continuity of counsel and would deny defense counsel the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

IT IS SO STIPULATED.

ORDER

The Court has reviewed and considered the stipulation of the parties to continue the change of plea hearing in this case. Good cause appearing, the change of plea hearing as to Rebeca Isabel Verdin currently set for February 1, 2017, is continued to March 27, 2017, at 10:00am. The time period between February 1, 2017 and March 27, 2017 is excluded under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(i) and (h)(7)(B)(iv), as the court finds that the ends of justice served by granting the continuance outweigh the best interest of the public and the defendant in a speedy trial.

IT IS SO ORDERED.

Source:  Leagle

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