Opinion
HEATHER E. WILLIAMS, Federal Defender, ALEXANDRA P. NEGIN, Assistant Federal Defender Designated Counsel for Service, Sacramento, California, Attorney for Defendant HAMMURABI HERNANDEZ.
GILBERT ROQUE, Attorney for Defendant JORGE MEDINA.
BENJAMIN B. WAGNER, United States Attorney, PAUL HEMESATH Assistant U.S. Attorney, Attorney for Plaintiff.
STIPULATION AND ORDER TO VACATE BRIEFING SCHEDULE & SET STATUS CONFERENCE
TROY L. NUNLEY, District Judge.
IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through Paul Hemesath, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender, Alexandra P. Negin, attorney for Hammurabi Hernandez, and defendant, Jorge Medina, by and through his counsel Gilbert Roque hereby stipulate and agree to vacate the current status conference set for November 5, 2015 at 9:30 a.m. and set a Change of Plea hearing for both defendants on November 19, 2015 at 9:30 a.m.
Speedy trial time has previously been excluded until November 19, 2015 under 18 U.S.C. § 3161(h)(7)(B)(iv) (Local Code T4).
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing, adopts the stipulation in its entirety as its order. The Court specifically finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice served by granting the continuance outweigh the best interests of the public and defendant in a speedy trial.
The Court orders the change of plea hearing set for November 19, 2015, at 9:30 a.m. The Court orders the time from the date of the parties stipulation, up to and including November 19, 2015, excluded from computation of time within which the trial of this case must commence under the Speedy Trial Act, pursuant to 18 U.S.C. §§ 3161(h)(7), and Local Code T4.