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U.S. v. Shirley, 2:18-CR-00004-DB. (2019)

Court: District Court, E.D. California Number: infdco20190613a38 Visitors: 25
Filed: Jun. 12, 2019
Latest Update: Jun. 12, 2019
Summary: STIPULATION AND ORDER TO SET A CHANGE OF PLEA AND SENTENCING HEARING AND VACATE A BENCH TRIAL DEBORAH BARNES , Magistrate Judge . STIPULATION Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows: 1. By previous order, this matter was set for a bench trial on October 28, 2019. 2. By this stipulation, the parties jointly move to vacate the bench trial on October 28, 2019. 3. The p
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STIPULATION AND ORDER TO SET A CHANGE OF PLEA AND SENTENCING HEARING AND VACATE A BENCH TRIAL

STIPULATION

Plaintiff United States of America, by and through its counsel of record, and defendant, by and through defendant's counsel of record, hereby stipulate as follows:

1. By previous order, this matter was set for a bench trial on October 28, 2019.

2. By this stipulation, the parties jointly move to vacate the bench trial on October 28, 2019.

3. The parties also jointly request the Court to set a new hearing for defendant's change of plea and sentencing on July 9, 2019, at 10:00 a.m.

4. It is further stipulated that the time within which the trial of this case must be commenced under the Speedy Trial Act, 18 U.S.C. § 3161 et seq., be excluded from computation of time pursuant to § 3161(h)(1)(G), (h)(7)(A), (B)(iv), Local Code 7, and Local Code T4. Further, the ends of justice served in granting the court time to review a proposed plea agreement and the defendant reasonable time for effective preparation outweigh the best interests of the public and the defendant in a speedy trial.

IT IS SO STIPULATED.

Dated: June 11, 2019 McGREGOR W. SCOTT United States Attorney /s/ Stephen S. Cody STEPHEN S. CODY Special Assistant U.S. Attorney Dated: June 11, 2019 /s/ Etan Zaitsu ETAN ZAITSU Counsel for Defendant PATRICIA A. SHIRLEY (Approved via email June 11, 2019)

FINDINGS AND ORDER

IT IS SO ORDERED this 12th day of June, 2019, that the bench trial is vacated on October 28, 2019. This Court further sets a new hearing for defendant's change of plea and sentencing on July 9, 2019, at 10:00 a.m. The Court further finds that time under the Speedy Trial Act, 18 U.S.C. § 3161 et seq., be excluded from computation of time pursuant to § 3161(h)(1)(G), (h)(7)(A), (B)(iv), Local Code 7, and Local Code T4, and that the ends of justice served in granting the court time to review a proposed plea agreement and the defendant reasonable time for effective preparation outweigh the best interests of the public and the defendant in a speedy trial. Time is excluded from the date of this order through July 9, 2019.

Source:  Leagle

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