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U.S. v. Pineda, 2:16-cr-00082-MCE. (2016)

Court: District Court, E.D. California Number: infdco20160812917 Visitors: 15
Filed: Aug. 10, 2016
Latest Update: Aug. 10, 2016
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE (AMENDED) MORRISON C. ENGLAND, Jr. , District Judge . IT IS HEREBY STIPULATED by and between Phillip A. Talbert, Acting U.S. Attorney, through, Timothy Delgado, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Douglas J. Beevers, attorney for Edwin Eduardo Guandique Pineda that the status conference, currently scheduled for August 11, 2016, be continued to
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE (AMENDED)

IT IS HEREBY STIPULATED by and between Phillip A. Talbert, Acting U.S. Attorney, through, Timothy Delgado, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Douglas J. Beevers, attorney for Edwin Eduardo Guandique Pineda that the status conference, currently scheduled for August 11, 2016, be continued to August 25, 2016 at 10:00 a.m.

Defense counsel requires additional time because his client resides out of state. Additional time is required to confer with client and make arrangements.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded of this order's date through and including August 25, 2016; 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.

Counsel and the defendant also agree that the ends of justice served by the Court granting this continuance outweigh the best interests of the public and the defendant in a speedy trial.

Respectfully submitted, Dated: August 9, 2016. HEATHER E. WILLIAMS Federal Defender /s/Douglas J. Beevers DOUGLAS J. BEEVERS Assistant Federal Defender Attorney for EDWIN EDUARDO GUANDIQUE PINEDA

ORDER

The Court, having received, read, and considered the parties' stipulation, and good cause appearing therefore, adopts the parties' stipulation in its entirety as its order. It 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 further 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 25, 2016, 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 August 11, 2016 status conference shall be continued until August 25, 2016, at 10:00 a.m.

IT IS SO ORDERED.

Source:  Leagle

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