Opinion
Case No.: 1:11-cr-00210 LJO
09-22-2011
UNITED STATES OF AMERICA, Plaintiff, v. MIGUEL CALDERON-ZAZUETA, Defendant.
CARL M. FALLER Attorney for Defendant BENJAMIN B. WAGNER United States Attorney IAN L. GARRIQUES Assistant U.S. Attorney Attorney for the United States
CARL M. FALLER SBN: 70788
FALLER LAW FIRM
Post Office Box 912
Fresno, CA 93714
Tel: 559-226-1534
Fax: 559-412-4746
carl.faller@fallerdefense,com
Attorney for Defendant
STIPULATION TO CONTINUE
STATUS CONFERENCE
Honorable Lawrence J. O'Neill
It is hereby stipulated by and between the parties hereto, through their respective attorneys of record, as follows:
A status conference is currently set in this matter for September 23, 2011 at 9:00 am.
By agreement of the parties, it is requested that the status conference be continued until October 28, 2011 at 9:00 am.
The reason for this request is that in order to properly evaluate the defendant's exposure and properly advise him regarding the government's plea offer, it was necessary to obtain the court records for each of the defendant's prior convictions. Although all of the convictions were out of Kern County, one was in Lamont, from which the records were particularly difficult to obtain. The requested continuance will allow counsel to meet and confer with his client and to properly evaluate the plea offer so that the matter may proceed on the requested date.
It is further stipulated that the time between September 23, and October 28, 2010 shall be excluded under the Speedy Trial Act, Title 18, United States Code, Sections 3161(h)(7)(A) and (h)(7)(B)(iv), in that the ends of justice are served by such exclusion, to allow for discovery, evaluation of the current plea offer and evaluation by the Probation Department.
Based on the above, it is respectfully requested that the status conference be continued as set forth above.
Respectfully submitted,
CARL M. FALLER
Attorney for Defendant
BENJAMIN B. WAGNER
United States Attorney
By IAN L. GARRIQUES
Assistant U.S. Attorney
Attorney for the United States
Based upon the stipulation of the parties and good cause appearing, it is hereby ORDERED that the status conference currently set for September 23, 2011, at 9:00 am, be continued to October 28, 2011 at 9:00 am.
It is further ORDERED that the time between September 23, 2011 and October 28, 2011 shall be excluded under the Speedy Trial Act, Title 18, United States Code, Sections 3161(h)(7)(A) and (h)(7)(B)(iv), in that the ends of justice are served by such exclusion, to allow for discovery, evaluation of the current plea offer and evaluation by the Probation Department. IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE