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U.S. v. Maldonado-Vargas, 2:15-CR-138 GEB. (2017)

Court: District Court, E.D. California Number: infdco20170501q83 Visitors: 17
Filed: Apr. 27, 2017
Latest Update: Apr. 27, 2017
Summary: STIPULATION AND ORDER CONTINUING STATUS CONFERENCE HEARING AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT GARLAND E. BURRELL, Jr. , Senior District Judge . Plaintiff United States of America and defendant Otilia Maldonado-Vargas, by and through their respective counsel, stipulate and agree to continue the presently set April 28, 2016, status conference to June 2, 2017, at 9:00 a.m. The parties continue to address issues that must be resolved before moving forward with resolution of this mat
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STIPULATION AND ORDER CONTINUING STATUS CONFERENCE HEARING AND EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT

Plaintiff United States of America and defendant Otilia Maldonado-Vargas, by and through their respective counsel, stipulate and agree to continue the presently set April 28, 2016, status conference to June 2, 2017, at 9:00 a.m.

The parties continue to address issues that must be resolved before moving forward with resolution of this matter. Further, the defense requires additional time to June 2, 2017, to conduct further investigation to present mitigating evidence on the defendant's behalf to the United States before attempting to resolve this case.

IT IS FURTHER STIPULATED that: (1) the Court should order that time from the date of this stipulation, April 27, 2016, to and including the date of the new status conference, June 2, 2017, be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, 18 U.S.C. Section 3161 et seq., pursuant to Section 3161(h)(7)(A) and (B)(iv) and Local Code T-4; (2) the Court should find that the failure to grant the requested continuance would deny defense counsel for Maldonado-Vargas reasonable time necessary for effective preparation, taking into account the exercise of due diligence; and (3) the Court should find the ends of justice served in granting the requested continuance and allowing the defendant further time to prepare outweigh the best interests of the public and the defendant in a speedy trial.

ORDER

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.

IT IS FURTHER ORDERED, that the status conference in the above-entitled matter, scheduled for April 28, 2016, at 9:00 a.m., be vacated and the matter continued to June 2, 2017, at 9:00 a.m., for further status conference and time from the date of the parties' stipulation, April 27, 2016, to and including the date of the new status conference, June 2, 2017, be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, 18 U.S.C. Section 3161 et seq., pursuant to Section 3161(h)(7)(A) and (B)(iv) and Local Code T-4.

The Court specifically finds that: (1) the failure to grant the requested continuance would deny defense counsel for defendant Otilia Maldonado-Vargas reasonable time necessary for effective preparation, taking into account the exercise of due diligence; and (2) the ends of justice served in granting the requested continuance and allowing the defendant further time to prepare outweigh the best interests of the public and the defendant in a speedy trial.

Source:  Leagle

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