Opinion
No. 2:10-cr-0291 GEB
09-29-2011
BENJAMIN B. WAGNER United States Attorney HEIKO P. COPPOLA Assistant United States Attorney Counsel for Plaintiff DANIEL J. BRODERICK Federal Defender JEFFREY L. STANIELS Assistant Federal Defender Counsel for Defendant GAULDRY T. ALMONTE-HERNANDEZ
DANIEL J. BRODERICK, Bar #89424
Federal Defender
JEFFREY L. STANIELS, Bar #91413
Assistant Federal Defender
Attorney for Defendant
GAULDRY T. ALMONTE-HERNANDEZ
**AMENDED**
STIPULATION AND [PROPOSED] ORDER CONTINUING CASE
Judge: Hon. Garland E. Burrell, Jr.
Date: September 30, 2011
Time: 9:00 a.m.
IT IS HEREBY STIPULATED by and between Assistant United States Attorney Heiko P. Coppola, counsel for Plaintiff, and Assistant Federal Defender Jeffrey Staniels, counsel for defendant GAULDRY T. ALMONTE-HERNANDEZ, that the status conference scheduled for September 30, 2011, be vacated and the matter continued until December 9, 2011, for further status conference at the request of the defense.
The reason for the continuance is to allow for the presentation to the government of additional information pertinent to an outstanding sentencing factor ("Safety Valve" eligibility). The date selected also accounts for the logistics of conferring with Mr. Almonte-Hernandez who is being held at the Butte County Jail, and who requires the services of an interpreter.
IT IS FURTHER STIPULATED that time for trial under the Speedy Trial Act be excluded between September 30, 2011, and December 9, 2011, pursuant to 18 U.S.C. § 3161(h)(7)(A) & (B)(iv), Local Code T-4 (time to prepare).
IT IS SO STIPULATED.
BENJAMIN B. WAGNER
United States Attorney
HEIKO P. COPPOLA
Assistant United States Attorney
Counsel for Plaintiff
DANIEL J. BRODERICK
Federal Defender
JEFFREY L. STANIELS
Assistant Federal Defender
Counsel for Defendant
GAULDRY T. ALMONTE-HERNANDEZ
ORDER
The above stipulation of the parties is accepted. The status conference set for September 30, 2011, is VACATED. This case is ordered to be re-calendared on December 9, 2011, for status conference.
The court finds, based on the reasons stated above, that the interests of justice served by granting this continuance outweigh the interests of the defendant and the public in a speedy trial.
IT IS SO ORDERED.
GARLAND E. BURRELL, JR.
United States District Judge