Filed: Apr. 21, 2016
Latest Update: Apr. 21, 2016
Summary: STIPULATION TO VACATE STATUS CONFERENCE AS TO DEFENDANT CAMACHO AND SET FOR CHANGE OF PLEA HEARING; EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS ORDER BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff United States of America, by and through its counsel of record BENJAMIN B. WAGNER, United States Attorney and LAUREL J. MONTOYA, Assistant U.S. Attorney, and defendants by and through their undersigned counsel of record hereby stipulate as follows: 1. By previous or
Summary: STIPULATION TO VACATE STATUS CONFERENCE AS TO DEFENDANT CAMACHO AND SET FOR CHANGE OF PLEA HEARING; EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS ORDER BARBARA A. McAULIFFE , Magistrate Judge . Plaintiff United States of America, by and through its counsel of record BENJAMIN B. WAGNER, United States Attorney and LAUREL J. MONTOYA, Assistant U.S. Attorney, and defendants by and through their undersigned counsel of record hereby stipulate as follows: 1. By previous ord..
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STIPULATION TO VACATE STATUS CONFERENCE AS TO DEFENDANT CAMACHO AND SET FOR CHANGE OF PLEA HEARING; EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT; [PROPOSED] FINDINGS ORDER
BARBARA A. McAULIFFE, Magistrate Judge.
Plaintiff United States of America, by and through its counsel of record BENJAMIN B. WAGNER, United States Attorney and LAUREL J. MONTOYA, Assistant U.S. Attorney, and defendants by and through their undersigned counsel of record hereby stipulate as follows:
1. By previous order, this matter was set for status conference April 25, 2016 at 1:30 p.m. before the Honorable Barbara A. McAuliffe.
2. The defendant CAMACHO has signed a plea agreement that will be filed with the Court.
3. Co-defendant Verdin is also set for status conference on April 25, 2016 and is not affected by this stipulation.
4. By this stipulation, the parties agree to vacate the status conference date and set the matter for a change of plea hearing on May 2, 2016 at 10:00 a.m. before Judge Drozd.
5. The parties agree and stipulate, and request that the Court find the fillowing:
a. Additional time is needed for the filing of the plea agreement, any further investigation, and for continuity of counsel;
b. The parties have agreed to vacate the April 25, 2016 status conference date;
c. The parties have agreed to set the matter for change of plea hearing on May 2, 2016;
d. 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 April 25, 2016 to May 2, 2016, inclusive, is deemed excludable pursuant to 18 U.S.C.§ 3161(h)(7)(A) and (B)(iv) because it results from a continuance granted by the Court at both the defendants' and government's 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 defendant in a speedy trial.
5. 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
IT IS SO FOUND AND ORDERED THAT 4th Status Conference set for April 25, 2016 before Judge McAuliffe for defendant Adrian Camacho (1) ONLY is Vacated and set for a Change of Plea before Judge Drozd on May 2, 2016 at 10:00 AM. Time is excluded pursuant to 18 U.S.C.§ 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
