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U.S. v. Pineda, 2:16-CR-00082-MCE. (2016)

Court: District Court, E.D. California Number: infdco20160920736 Visitors: 17
Filed: Sep. 15, 2016
Latest Update: Sep. 15, 2016
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE MORRISON C. ENGLAND, Jr. , District Judge . Plaintiff United States of America, through its respective counsel, and Defendant Edwin Eduardo Guandique Pineda, through his counsel of record, stipulate that the status conference currently scheduled for September 15, 2016, be continued to October 6, 2016, at 10:00 a.m. On September 8, 2016, the Court granted Defendant's motion to substitute attorney Michael M. Rooney as defense counsel of rec
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

Plaintiff United States of America, through its respective counsel, and Defendant Edwin Eduardo Guandique Pineda, through his counsel of record, stipulate that the status conference currently scheduled for September 15, 2016, be continued to October 6, 2016, at 10:00 a.m.

On September 8, 2016, the Court granted Defendant's motion to substitute attorney Michael M. Rooney as defense counsel of record. (ECF No. 24.) In light of the change in counsel, the United States will now forward to Mr. Rooney all of the discovery already produced in this case. The government will also ascertain whether any additional discoverable materials are available. If so, these materials will be produced in the next week. Mr. Rooney will require time to review these materials, consult with Defen-dant, conduct additional investigation, and otherwise prepare for trial.

Based on the foregoing, the parties stipulate that the status conference currently scheduled for September 15, 2016, be continued to October 6, 2016, at 10:00 a.m. The parties further agree that time under the Speedy Trial Act should be excluded from the date this order issues to and including October 6, 2016, under 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) [reasonable time to prepare] and General Order 479, Local Code T4, based on continuity of counsel and defense preparation.

Counsel and the Defendant also agree that the ends of justice served by the Court granting the requested continuance outweigh the best interests of the public and the Defendant in a speedy trial.

ORDER

The Court, having received and considered the parties' stipulation, and good cause appearing therefore, adopts the parties' stipulation in its entirety as its order. It specifically finds that 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 further finds that the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and the Defendant in a speedy trial.

The Court orders that the time from the date the parties stipulated, up to and including October 6, 2016, shall be excluded from computation of time within which the trial in 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 General Order 479 (Local Code T4). It is further ordered that the September 15, 2016 status conference shall be continued until October 6, 2016, at 10:00 a.m.

IT IS SO ORDERED.

Source:  Leagle

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