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U.S. v. Hilario-Duran, 2:16-cr-130 JAM. (2016)

Court: District Court, E.D. California Number: infdco20160916g88 Visitors: 16
Filed: Sep. 14, 2016
Latest Update: Sep. 14, 2016
Summary: STIPULATION AND ORDER FOR CONTINUANCE OF CHANGE OF PLEA JOHN A. MENDEZ , District Judge . IT IS HEREBY STIPULATED by and between Phillip A. Talbert, Acting United States Attorney, through Katherine Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Hannah R. Labaree, attorney for Guillermo Hilario-Duran, hereby stipulate and agree vacate the current Change of Plea set for September 20, 2016 at 9:15 a.m
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STIPULATION AND ORDER FOR CONTINUANCE OF CHANGE OF PLEA

IT IS HEREBY STIPULATED by and between Phillip A. Talbert, Acting United States Attorney, through Katherine Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Hannah R. Labaree, attorney for Guillermo Hilario-Duran, hereby stipulate and agree vacate the current Change of Plea set for September 20, 2016 at 9:15 a.m. and set it on October 4, 2016 at 9:15 a.m.

The parties also agree that the ends of justice served by granting defendant's request for a continuance outweighs the best interest of the public and the defendant in a speedy trial, because defense counsel needs additional time to conduct further investigation.

Speedy trial time shall be excluded until October 4, 2016 under 18 U.S.C. § 3161 (h)(7)(B) (iv) (Local Code T4).

ORDER

The Court, having received, read, and considered the stipulation of the parties, and good cause appearing, adopts the stipulation in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice served by granting the continuance outweigh the best interests of the public and defendant in a speedy trial.

The Court orders the change of plea hearing set for October 4, 2016, at 9:15 a.m. The Court orders the time from the date of the parties stipulation, up to and including October 4, 2016, excluded from computation of time within which the trial of this case must commence under the Speedy Trial Act, pursuant to 18 U.S.C. §§3161(h)(7), and Local Code T4.

Source:  Leagle

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