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U.S. v. Tafoya, 2:14-CR-00193-GEB. (2017)

Court: District Court, E.D. California Number: infdco20170616938 Visitors: 14
Filed: Jun. 15, 2017
Latest Update: Jun. 15, 2017
Summary: STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE GARLAND E. BURRELL, Jr. , Senior District Judge . Defendant, Rudy Tafoya, through his undersigned counsel, and the United States, through its undersigned counsel, hereby agree and request that the status conference currently set for Friday, June 16, 2017 at 9:00 am be vacated and reset for Friday, June 30, 2017 at 9:00 am. A continuance is necessary to allow defense counsel additional time to investigate and evaluate the case a
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STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

Defendant, Rudy Tafoya, through his undersigned counsel, and the United States, through its undersigned counsel, hereby agree and request that the status conference currently set for Friday, June 16, 2017 at 9:00 am be vacated and reset for Friday, June 30, 2017 at 9:00 am.

A continuance is necessary to allow defense counsel additional time to investigate and evaluate the case as to warrantless search issues and the basis for obtaining the search warrant, as well as, to conduct negotiations with the Government, and discussions with his client toward a potential resolution of the charges.

The parties further stipulate that the failure to grant a continuance in this matter would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence; that the ends of justice served by granting this continuance outweigh the best interest of the public and the defendant in a speedy trial; and that time should be excluded from the computation of time within which trial must commence under the Speedy Trial Act from June 16, 2017, up to and including June 30, 2017, pursuant to 18 U.S.C. § 3161 (h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.

Accordingly, the defense and the United States agree and stipulate that the status conference for defendant Rudy Tafoya should be reset for Friday, June 30, 2017 at 9:00 am.

ORDER

The status conference currently set for Friday, June 16, 2017 at 9:00 am is vacated and reset for Friday, June 30, 2017, at 9:00 am.

I find that the failure to grant such a continuance would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. Accordingly, the time within which the trial of this case must be commenced under the Speedy Trial Act is excluded from June 14, 2017, up to and including the date of the new status conference, June 30, 2017, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4. I specifically find that the ends of justice served by granting this continuance outweigh the best interest of the public and defendants in a speedy trial within the meaning of 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4. IT IS SO ORDERED.

Source:  Leagle

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