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U.S. v. LARA-MORALES, 2:15-00213-MCE. (2015)

Court: District Court, E.D. California Number: infdco20151208a76 Visitors: 6
Filed: Dec. 02, 2015
Latest Update: Dec. 02, 2015
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME MORRISON C. ENGLAND, Jr. , Chief District Judge . It is hereby stipulated and agreed between defendants, Jose Lara-Morales and Marco Avila-Benitez, and plaintiff, United States of America, that the status conference scheduled for December 3, 2015, may be continued to January 28, 2016, at 9:00 a.m. Defense counsel has received about 300 pages of discovery in addition to about 34 compact discs containing video, audio, and
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STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

It is hereby stipulated and agreed between defendants, Jose Lara-Morales and Marco Avila-Benitez, and plaintiff, United States of America, that the status conference scheduled for December 3, 2015, may be continued to January 28, 2016, at 9:00 a.m.

Defense counsel has received about 300 pages of discovery in addition to about 34 compact discs containing video, audio, and photographic surveillance. They seek additional time to review the discovery before they determine how best to proceed. Accordingly, they ask the Court to exclude time from the date of this order through January 28, 2016, and believe that failure to grant this continuance would deny them the reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Therefore, the parties ask to continue the status conference and to exclude time under the Speedy Trial Act from the date of this order through January 28, 2016, pursuant to Title 18, United States Code, Section 3161(h)(7)(A) and (B)(iv) [Local Code T4]. The parties agree that the ends of justice served by taking such action outweigh the best interest of the public and of Mr. Lara-Morales and of Mr. Avila-Benitez in a speedy trial and ask the Court to so find.

BENJAMIN WAGNER United States Attorney Dated: December 1, 2015. /s/T. Zindel for A. Beck AMANDA BECK Assistant U.S. Attorney

ORDER

The status conference set for December 3, 2015 is continued to January 28, 2016, at 9:00 a.m. The court finds that a continuance is necessary for the reasons stated above and that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendants in a speedy trial. Time is therefore excluded from the date of this order through January 28, 2015, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).

IT IS SO ORDERED.

Source:  Leagle

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