Opinion
NO. CR-S-11-309 MCE
10-14-2011
UNITED STATES OF AMERICA, Plaintiff, v. LUIS ENRIQUE CABRERA-HERNANDEZ, Defendant.
DANIEL J. BRODERICK Federal Defender MATTHEW C. BOCKMON Assistant Federal Defender Attorney for Defendant LUIS ENRIQUE CABRERA-HERNANDEZ BENJAMIN B. WAGNER United States Attorney Matthew C. Bockmon for MICHELE BECKWITH 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
LUIS ENRIQUE CABRERA-HERNANDEZ
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE AND TO EXCLUDE TIME
Date: October 20, 2011
Time: 9:00 a.m.
Judge: Morrison C. England, Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, Michele Beckwith, Assistant United States Attorney, attorney for Plaintiff, and Matthew C. Bockmon, Assistant Federal Defender, attorney for Defendant, LUIS ENRIQUE CABRERA-HERNANDEZ, that the status conference hearing date of Thursday, October 13, 2011, be vacated and a new status conference hearing date of Thursday, October 20, 2011, be set.
The reason for this continuance is because defense counsel needs additional time to review the pre-plea report with defendant, and for defense preparation, and meetings between the parties with the goal being to resolve the case by way of a disposition.
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 October 20, 2011, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) [reasonable time to prepare], Local Code T4, and that the ends of justice to be served by granting the continuance outweigh the best interest of the public and the defendant to a speedy trial.
Respectfully submitted,
DANIEL J. BRODERICK
Federal Defender
MATTHEW C. BOCKMON
Assistant Federal Defender
Attorney for Defendant
LUIS ENRIQUE CABRERA-HERNANDEZ
BENJAMIN B. WAGNER
United States Attorney
Matthew C. Bockmon for
MICHELE BECKWITH
Assistant U.S. Attorney
Attorney for Plaintiff
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA, Plaintiff,
v.
LUIS ENRIQUE CABRERA-HERNANDEZ, Defendant.
NO. CR-S-11-309 MCE
ORDER CONTINUING STATUS
CONFERENCE AND EXCLUDING TIME
Based on the reasons set forth in the stipulation of the parties filed on October 14, 2011, and good cause appearing therefrom, the Court adopts the stipulation of the parties in its entirety. IT IS HEREBY ORDERED that the status conference currently scheduled for Thursday, October 13, 2011, be vacated and that the case be set for status conference on Thursday, October 20, 2011, at 9:00 a.m. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. Accordingly, IT IS HEREBY ORDERED that 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 October 20, 2011, pursuant to 18 U.S.C. §3161(h)(7)(B)(iv), Local Code T4, to provide defense counsel with the reasonable time to prepare taking into account due diligence.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE