Opinion
CASE NO. 1:12-CR-00108 LJO
02-06-2013
UNITED STATES OF AMERICA, Plaintiff, v. ESTEBAN MENDOZA-GALENO Defendant.
Eric K. Fogderude, #070860 FLETCHER & FOGDERUDE, INC. A Professional Corporation Attorney for Defendant ESTEBAN MENDOZA-GALENO
Eric K. Fogderude, #070860
FLETCHER & FOGDERUDE, INC.
A Professional Corporation
Attorney for Defendant ESTEBAN MENDOZA-GALENO
STIPULATION TO CONTINUE CHANGE OF PLEA/TRIAL SETTING
HEARING, AND ORDER THEREON
DATE: February 25, 2013
JUDGE: Lawrence J. O'Neill
STIPULATION
It is hereby stipulated by and between the parties hereto that the change of plea/trial setting hearing in the above entitled matter now set for February 11, 2013, may be continued to February 25, 2013 at 10:00 a.m.
The parties agree that time shall be excluded pursuant to 18 U.S.C. §§ 3161, subd.(h)(8)(A) and (B) in that the ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speed trial, since the failure to grant such a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, and plea negotiations taking into account the exercise of due diligence.
Good cause exists to allow for the defense to review new plea agreement which will be provided shortly.
FLETCHER & FOGDERUDE, Inc.
______________________
ERIC K. FOGDERUDE
Attorney for Defendant,
ESTEBAN MENDOZA-GALENO
Benjamin B. Wagner
United States Attorney
______________________
CHRISTOPHER D. BAKER
Assistant US Attorney
ORDER
The statement of Good Cause is generic and weak. Future such requests will require specificity and strength. Time is excluded pursuant to 18 U.S.C. § 3161, subd.(h)(8)(A) and (B). For the above stated reasons, the court finds that the ends of justice served by the dely outweigh the best interest of the public and the defendants in a speedy trial. Therefore, the court grants the stipulation that the change of plea/trial setting hearing be continued to February 25, 2013 at 10:00 a.m. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE