STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE, AND TO EXCLUDE TIME

JOHN A. MENDEZ, District Judge.

IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Samuel Wong, Assistant United States Attorney, attorney for Plaintiff, Heather Williams, Federal Defender, through Assistant Federal Defender Sean Riordan, attorney for Herber Sandoval, and Dina Santos, attorney for Manuel Montoya, that the status conference scheduled for January 12, 2016 be vacated and continued to February 23, 2016 at 9:15 a.m.

The reason for continuance is for continuing defense investigation. Also defense counsel for defendant Herber Sandoval is starting a two week trial on January 11, 2016, and is unavailable to work on the instant case during this time period. Accordingly, the requested continuance is to allow counsel for Sandoval additional time to prepare Sandoval's defense, and allow Sandoval continuity of defense counsel.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded as of January 8, 2016, the date of the parties' stipulation, through and including February 23, 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.

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 defendants in a speedy trial.

The Court orders from the time of the parties' stipulation, January 8, 2016, up to and including February 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(h)(7)(A) and(B)(iv) [reasonable time for counsel to prepare and continuity of defense counsel] and General Order 479, (Local Code T4). It is further ordered the January 12, 2016 status conference shall be continued until February 23, 2016, at 9:15 a.m.