Opinion
Case No. 12-cr-00040-LJO-SKO
07-31-2012
UNITED STATES OF AMERICA, Plaintiff, v. CHRISTIAN BARRON-RUEDA, Defendant.
Patience Milrod 844 N. Van Ness Avenue Fresno, California 93728 Attorney for CHRISTIAN BARRON-RUEDA
Patience Milrod
844 N. Van Ness Avenue
Fresno, California 93728
Attorney for CHRISTIAN BARRON-RUEDA
STIPULATION SETTING CHANGE OF
PLEA HEARING and ORDER
Date: August 20, 2012
Court: Hon. Sheila Oberto
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KATHLEEN SERVATIUS, Assistant United States Attorney for Plaintiff, and PATIENCE MILROD, counsel for the Defendant:
1. This matter is presently set for a status hearing on August 20, 2012, at 1:00 p.m., before Magistrate Judge Sheila Oberto. After this hearing was set, the parties had further discussions, and the Government provided a plea agreement memorializing those negotiations. Mr. Barron-Rueda isIT IS SO STIPULATED.
expected to sign the plea agreement on August 6, 2012.
2. Therefore, the parties request an order vacating the status hearing before Judge Oberto, and setting instead a change of plea hearing before Judge O'Neill.
3. Defense counsel will be out of state from August 16, 2012 to August 25, 2012. In light of the above, the parties hereby stipulate to an order vacating the status hearing now set for August 20, 2012 at 1:00 p.m. before Judge Oberto, and instead setting a change of plea hearing before Judge O'Neill on September 4, 2012 at 8:30 a.m.
4. The parties further stipulate that time may be excluded through and until September 4, 2012 pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(A), for defense counsel investigation, preparation and filing of motions, and through and until the date of decision on such motions pursuant to 18 U.S.C. §3161(h)(1)(F) and (J).
___________________
PATIENCE MILROD
Attorney for defendant
CHRISTIAN BARRON-RUEDA
____________________
United States Attorney
BENJAMIN B. WAGNER
By KATHLEEN SERVATIUS
Assistant U.S. Attorney
[PROPOSED] ORDER ON STIPULATION
Having received and reviewed the stipulation of the parties, and good cause appearing therefor,
IT IS HEREBY ORDERED that the status hearing presently set for August 20, 2012 at 1:00 p.m., before Magistrate Judge Oberto, is hereby vacated, and the case is hereby set for change of plea before Judge O'Neill on September 4, 2012 at 8:30 a.m.
Time is excluded through and until September 4, 2012 pursuant to the Speedy Trial Act, 18 U.S.C. § 3161(h)(8)(A), for defense counsel investigation, preparation and filing of motions, and through and until the date of decision on such motions pursuant to 18 U.S.C. §3161(h)(1)(F) and (J).
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE