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U.S. v. Gonzalez, 2:18-cr-195-MCE. (2019)

Court: District Court, E.D. California Number: infdco20190322a50 Visitors: 19
Filed: Mar. 20, 2019
Latest Update: Mar. 20, 2019
Summary: STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE MORRISON C. ENGLAND, JR. , District Judge . IT IS HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney, through James Conolly, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Douglas J. Beevers, attorneys for Marc Anthony Gonzalez, that the status conference scheduled for March 14, 2019, at 10:00 a.m., be vacated and the matter contin
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STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE

IT IS HEREBY STIPULATED by and between McGregor W. Scott, United States Attorney, through James Conolly, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Douglas J. Beevers, attorneys for Marc Anthony Gonzalez, that the status conference scheduled for March 14, 2019, at 10:00 a.m., be vacated and the matter continued to April 18, 2019, at 10:00 a.m. for Status/Change of Plea.

Defense counsel is currently in trial before Your Honor in Case No. 2:16-cr-217 MCE and has not had adequate to prepare the client for his change of plea. Further defense counsel requires additional time to review discovery, conduct investigation regarding potential mitigation, to engage in legal research, and to consult with the client.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded from March 14, 2019, through and including April 18, 2019; pursuant to 18 U.S.C. §3161 (h)(7)(A) and (B)(iv)[reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

Counsel and the defendant also agree that the ends of justice served by the Court granting this continuance 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 specifically finds 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 the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendants in a speedy trial.

Time from the date the parties stipulated, March 14, 2019, up to and including April 18, 2019, shall be excluded from computation of time within which the trial of 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 the March 14, 2019 status conference shall be continued until April 18, 2019, at 10:00 a.m.

IT IS SO ORDERED.

Source:  Leagle

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