Filed: Dec. 14, 2015
Latest Update: Dec. 14, 2015
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE/CHANGE OF PLEA; ORDER 18 U.S.C. 3161 MORRISON C. ENGLAND, Jr. , Chief District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record Robert Bender, and defendant Steven Ortega, Jr., by and through his counsel of record Randy Sue Pollock, hereby stipulate to continue the previously set status conference/change of plea from December 10, 2015, to December 17, 2015. This continuance is at the request of counse
Summary: STIPULATION TO CONTINUE STATUS CONFERENCE/CHANGE OF PLEA; ORDER 18 U.S.C. 3161 MORRISON C. ENGLAND, Jr. , Chief District Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record Robert Bender, and defendant Steven Ortega, Jr., by and through his counsel of record Randy Sue Pollock, hereby stipulate to continue the previously set status conference/change of plea from December 10, 2015, to December 17, 2015. This continuance is at the request of counsel..
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STIPULATION TO CONTINUE STATUS CONFERENCE/CHANGE OF PLEA; ORDER
18 U.S.C. § 3161
MORRISON C. ENGLAND, Jr., Chief District Judge.
STIPULATION
Plaintiff United States of America, by and through its counsel of record Robert Bender, and defendant Steven Ortega, Jr., by and through his counsel of record Randy Sue Pollock, hereby stipulate to continue the previously set status conference/change of plea from December 10, 2015, to December 17, 2015. This continuance is at the request of counsel for Mr. Ortega, who appeared before the Honorable Charles R. Bryer in United States vs. Chow, CR. 14-0196-CRB in the Northern District of California on December 10th.
The parties further agree and request that the Court find that the ends of justice served by continuing the case as requested outweigh the interest of the public and the defendants in a trial within the original date prescribed by the Speedy Trial Act.
a. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of December 10 through December 17, 2015, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendants' request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendants in a speedy trial.
b. This time period is also deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), B(ii) [Local Code T2] on the basis that the case is complex due to the nature of the prosecution.
c. Nothing in this stipulation and order shall preclude a finding that other provisions of the Speedy Trial Act dictate that additional time periods are excludable from the period within which a trial must commence
IT IS SO STIPULATED.
ORDER
The status conference/change of plea previously set for December 10, 2015, is hereby CONTINUED to December 17, 2015, at 9:00 a.m., pursuant to the parties' stipulation. For the purpose of computing time under the Speedy Trial Act, 18 U.S.C. § 3161, et seq., within which trial must commence, the time period of December 10, 2015 through December 17, 2015, inclusive, is deemed excludable pursuant to 18 U.S.C. § 3161(h)(7)(A), B(iv) [Local Code T4] because it results from a continuance granted by the Court at defendants' request on the basis of the Court's finding that the ends of justice served by taking such action outweigh the best interest of the public and the defendants in a speedy trial.
IT IS SO ORDERED.