Opinion
No. 2:13-cr-00004- CKD
05-02-2013
UNITED STATES OF AMERICA, Plaintiff, v. Alfredo G. Rubalcaba, Defendant.
JOSEPH SCHLESINGER, Bar# 87692 Acting Federal Defender LINDA HARTER, Bar# 179741 Chief Assistant Federal Defender CHARLES YOUNG Certified Student Attorney Attorney for Defendant Alfredo Rubalcaba LINDA HARTER Chief Assistant Federal Defender Attorney for Defendant Alfredo Rubalcaba CHARLES YOUNG Certified Student Attorney Counsel for Defendant Alfredo Rubalcaba BENJAMIN B. WAGNER United States Attorney Ashwin Janakiram Special Assistant U.S. Attorney
JOSEPH SCHLESINGER, Bar# 87692
Acting Federal Defender
LINDA HARTER, Bar# 179741
Chief Assistant Federal Defender
CHARLES YOUNG
Certified Student Attorney
Attorney for Defendant
Alfredo Rubalcaba
STIPULATION AND ORDER TO CONTINUE
CHANGE OF PLEA AND EXCLUDE TIME
JUDGE: Hon. Carolyn K. Delaney
It is hereby stipulated and agreed to between the United States of America through ASHWIN JANAKIRAM, Special Assistant U.S. Attorney; defendant ALFREDO RUBALCABA by and through his counsel, Charles Young, Certified Student Attorney, and Linda Harter, Chief Assistant Federal Defender; that the Change of Plea set for Thursday, May 2, 2013 be continued to Thursday, May 16, 2013 at 09:30 a.m.
The reason for this continuance is to allow the parties to continue preparing and finalizing a plea agreement in this case.
The parties stipulate that the ends of justice served by the granting of such continuance outweigh the interests of the public and the defendant in a speedy trial.
Speedy trial time is to be excluded from the date of this order until the date of the change of plea set for May 16, 2013, pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) [reasonable time to prepare] (Local Code T4).
Respectfully submitted,
JOSEPH SCHLESINGER
Acting Federal Defender
____________________
LINDA HARTER
Chief Assistant Federal Defender
Attorney for Defendant
Alfredo Rubalcaba
____________________
CHARLES YOUNG
Certified Student Attorney
Counsel for Defendant
Alfredo Rubalcaba
BENJAMIN B. WAGNER
United States Attorney
____________________
Ashwin Janakiram
Special Assistant U.S. Attorney
ORDER
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. The Court specifically finds that 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 finds that the ends of justice to be served by granting the requested continuance outweigh the best interests of the public and defendant in a speedy trial.
The Court orders that the time from the date of the parties stipulation, up to and including May 16, 2013, 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)(B)(iv) T4 (reasonable time for counsel to prepare). It is further ordered that the May 2, 2013 change of plea shall be continued until May 16, 2013, at 09:30 a.m.
____________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE