U.S. v. Cerda-Reyes, CR 18-359 JD. (2018)
Court: District Court, N.D. California
Number: infdco20181024j13
Visitors: 3
Filed: Oct. 23, 2018
Latest Update: Oct. 23, 2018
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE CHANGE OF PLEA PROCEEDING JAMES DONATO , District Judge . It is hereby stipulated, by and between the parties to this action, as follows: 1. That the change of plea proceeding currently scheduled for October 24, 2018 at 10:30 a.m. in San Francisco be continued to November 28, 2018 at 9:30 a.m. in Oakland; and, 2. That the continuance is reasonable and necessary to further pursue a potential resolution of this case, and to permit the defen
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE CHANGE OF PLEA PROCEEDING JAMES DONATO , District Judge . It is hereby stipulated, by and between the parties to this action, as follows: 1. That the change of plea proceeding currently scheduled for October 24, 2018 at 10:30 a.m. in San Francisco be continued to November 28, 2018 at 9:30 a.m. in Oakland; and, 2. That the continuance is reasonable and necessary to further pursue a potential resolution of this case, and to permit the defens..
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE CHANGE OF PLEA PROCEEDING
JAMES DONATO, District Judge.
It is hereby stipulated, by and between the parties to this action, as follows:
1. That the change of plea proceeding currently scheduled for October 24, 2018 at 10:30 a.m. in San Francisco be continued to November 28, 2018 at 9:30 a.m. in Oakland; and,
2. That the continuance is reasonable and necessary to further pursue a potential resolution of this case, and to permit the defense to review audio tapes of immigration proceedings that were produced by the government on October 16, 2018; and,
3. That time should be excluded under the Speedy Trial Act, 18 U.S.C. § 3161, between October 24, 2018, through November 28, 2018, for effective preparation of counsel, taking into account the exercise of due diligence, under 18 U.S.C. § 3161(h)(7)(B)(iv), as the defense requires additional time to review aforementioned audio tapes and to discuss resolution; and, failure to grant the requested exclusion of time would deny the defendant the time for effective preparation of counsel and would result in a miscarriage of justice. See 18 U.S.C. § 3161(h)(7)(B)(iv).
IT IS SO STIPULATED.
[PROPOSED] ORDER TO CONTINUE CHANGE OF PLEA PROCEEDING
Pursuant to the parties' Stipulation, it is hereby ORDERED that the change of plea proceeding previously scheduled for October 24, 2018 at 10:30 a.m. is hereby continued to November 28, 2018 at 9:30 a.m. in Oakland. For good cause shown, pursuant to facts set forth in the parties' Stipulation, time is excluded for the period between October 24, 2018 through November 28, 2018, under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(B)(iv).
IT IS SO ORDERED.
Source: Leagle
