Opinion
CR. No. S-11-309 MCE
09-28-2011
UNITED STATES OF AMERICA, Plaintiff, v. LUIS ENRIQUE CABRERA-HERNANDEZ, aka Luis Enrique Hernandez, Defendant.
BENJAMIN B. WAGNER United States Attorney Michele Beckwith Assistant U.S. Attorney MATTHEW C. BOCKMON Attorney for Defendant
BENJAMIN B. WAGNER
United States Attorney
MICHELE BECKWITH Assistant U.S. Attorney
AMENDED STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
The parties request that the status conference in this case previously set for September 29, 2011, be continued to October 13, 2011 at 9:00 a.m. They stipulate that the time between September 29, 2011, and October 13, 2011 should be excluded from the calculation of time under the Speedy Trial Act. The parties need additional time to review the facts and evidence affecting guidelines calculations in this case. The parties stipulate that the ends of justice are served by granting the continuance so that counsel may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §(7)(B)(iv).
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
Michele Beckwith
Assistant U.S. Attorney
MATTHEW C. BOCKMON
Attorney for Defendant
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference previously set for September 29, 2011, be continued to October 13, 2011, at 9:00 a.m. Based on the representations of counsel and good cause appearing therefrom, the Court hereby 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. It is ordered that time from September 29, 2011, to and including, the October 13, 2011, status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4.
IT IS SO ORDERED.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE