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U.S. v. Orozco-Garcia, 2:15-cr-174 GEB. (2016)

Court: District Court, E.D. California Number: infdco20160815886 Visitors: 8
Filed: Aug. 11, 2016
Latest Update: Aug. 11, 2016
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE, AND TO EXCLUDE TIME GARLAND E. BURRELL, Jr. , Senior District Judge . IT IS HEREBY STIPULATED by and between Phillip A. Talbert, Acting United States Attorney, through Katherine Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Sean Riordan, attorney for Juan Orozco-Garcia, that the status conference scheduled for September 9, 2016 be vaca
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE, AND TO EXCLUDE TIME

IT IS HEREBY STIPULATED by and between Phillip A. Talbert, Acting United States Attorney, through Katherine Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Sean Riordan, attorney for Juan Orozco-Garcia, that the status conference scheduled for September 9, 2016 be vacated and be continued to September 23, 2016 at 9:00 a.m.

The reasons for the continuance are to allow time for travel arrangements to be made for Mr. Orozco-Garcia to return from Butner FCI to Sacramento, CA and to allow defense counsel to prepare and confer with Mr. Orozco-Garcia. He was at Butner FCI for a mental competency evaluation which has now concluded.

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 September 23, 2016, pursuant to 18 U.S.C. §3161(A) [mental competency] (F) [delay resulting from transportation] 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 September 23, 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(A) [mental competency] (F) [delay resulting from transportation] and General Order 479, (Local Code T4). It is further ordered the September 9, 2016 status conference shall be continued until September 23, 2016, at 9:00 a.m.

Source:  Leagle

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