Opinion
No. CR 13-00166 YGR
05-03-2013
UNITED STATES OF AMERICA, Plaintiff, v. BLANCA AVELES-FERMIN, Defendant.
JOYCE LEAVITT Counsel for Blanca Aveles-Fermin KEVIN LIN Special Assistant United States Attorney
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
KEVIN J. LIN (NYBN 5048053)
Special Assistant United States Attorney
1301 Clay Street, Suite 340S
Oakland, CA 94612
Telephone: (510) 637-3680
Fax: (510) 637-3724
E-Mail: kevin.lin@usdoj.gov
Attorneys for Plaintiff
STIPULATION AND ORDER
VACATING STATUS CONFERENCE
SET FOR MAY 9, 2013 AND SETTING
CHANGE OF PLEA DATE FOR JUNE 6,
2013 AND EXCLUDING TIME FROM
MAY 9, 2013 TO JUNE 6, 2013
STIPULATION
IT IS HEREBY STIPULATED, by and between the parties to this action, that the status conference date in the above-referenced case, currently set for Thursday, May 9, 2013, at 2:00 p.m., may be vacated, and requesting a change of plea date set for Thursday, June 6, 2013 at 2:00. The reason for the request is that the parties expect the case to resolve with a guilty plea and were informed by the courtroom clerk that the May 9 calendar is full for changes of plea. This is the first continuance the parties have requested. The parties further agree to an exclusion of time under the Speedy Trial Act, 18 U.S.C. § 3161, from May 9, 2013 to June 6, 2013. Failure to grant the requested continuance would unreasonably deny defendant's counsel time for effective preparation, given counsel's need to review an immigration hearing tape provided on April 30, 2013.
____________________
JOYCE LEAVITT
Counsel for Blanca Aveles-Fermin
______________________________
KEVIN LIN
Special Assistant United States Attorney
ORDER
GOOD CAUSE APPEARING, IT IS HEREBY ORDERED that the status conference date in the above-referenced case, currently set for Thursday, May 9, 2013, at 2:00 p.m., is vacated. The case is now set for change of plea on Thursday, June 6, 2013, at 2:00 p.m. In addition, the Court finds that the ends of justice served by excluding the period from May 9, 2013 to June 6, 2013, outweigh the best interest of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
SO ORDERED.
HONORABLE YVONNE GONZALEZ ROGERS
United States District Judge