Opinion
NO. 2:09-cr-00069 KJM
08-03-2011
UNITED STATES OF AMERICA, Plaintiff, v. POLLY ANN CONNER BAUTISTA, Defendant.
DANIEL J. BRODERICK Federal Defender MATTHEW C. BOCKMON Assistant Federal Defender Attorney for Defendant POLLY ANN CONNER BAUTISTA BENJAMIN B. WAGNER United States Attorney MICHELLE RODRIGUEZ Assistant U.S. Attorney Attorney for Plaintiff
DANIEL J. BRODERICK, Bar #89424
Federal Defender
MATTHEW C. BOCKMON, Bar # 161566
Assistant Federal Defender
Designated Counsel for Service
Attorney for Defendant
POLLY ANN CONNER BAUTISTA
STIPULATION AND ORDER TO CONTINUE
CHANGE OF PLEA HEARING AND TO
EXCLUDE TIME
Judge: Kimberly J. Mueller
It is hereby stipulated and agreed to by and between the United States of America, through Michelle Rodriguez, Assistant U.S. Attorney, and defendant, POLLY ANN CONNER BAUTISTA, by and through her counsel, Matthew C. Bockmon, Assistant Federal Defender, that the change of plea hearing date of Wednesday, August 3, 2011, be vacated and a new change of plea hearing date of Thursday, August 25, 2011, at 10:00 a.m., be set.
The reason for this continuance is due to Ms. Bautista's unavailability because of hospitalization.
It is further stipulated that the time for trial under the Speedy Trial Act should be excluded from the date of the signing of this order through and including August 25, 2011, pursuant to 18 U.S.C. §3161(h)(3)(A)(B), Local Code M, due to the defendant's unavailability.
Respectfully submitted,
DANIEL J. BRODERICK Federal Defender
MATTHEW C. BOCKMON
Assistant Federal Defender
Attorney for Defendant
POLLY ANN CONNER BAUTISTA
BENJAMIN B. WAGNER
United States Attorney
MICHELLE RODRIGUEZ
Assistant U.S. Attorney
Attorney for Plaintiff
ORDER
Based on the reasons set forth in the stipulation of the parties filed on August 3, 2011, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS HEREBY ORDERED that the change of plea hearing currently scheduled for August 3, 2011, is vacated and reset for August 25, 2011, at 10:00 a.m. Accordingly, IT IS HEREBY ORDERED that, for the reasons stated in the parties' August 3, 2011, stipulation, the time within which the trial of this matter must be commenced under the Speedy Trial Act is excluded during the time period of today's date, through and including August 25, 2011, pursuant to 18 U.S.C. §3161(h)(3)(A)(B), Local Code M, due to the defendant's unavailability. The interests of justice in this exclusion of time outweigh the interests of the defendant and the public in a speedy trial.
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UNITED STATES DISTRICT JUDGE