Opinion
CASE NO. 1:11-CR-320 LJO
01-05-2012
UNITED STATES OF AMERICA, Plaintiff, v. FRANCISCO HUMBERTO CARRILLO-BELTRAN Defendant.
BENJAMIN B. WAGNER United States Attorney ELANA S. LANDAU Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
ELANA S. LANDAU
Assistant U.S. Attorney
STIPULATION AND ORDER TO CONTINUE STATUS CONFERENCE HEARING
DATE: January 23, 2012
JUDGE: Hon.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that the status conference in the above-captioned matter now set for January 9, 2012, may be continued to January 23, 2012 at 1:00 P.M. This continuance is at the request of both counsel for to allow time for proper preparation and to permit plea negotiations between the parties with the intention of conserving time and resources for both parties and the court. This is the third status hearing, having previously been continued to allow defense counsel to review additional discovery and allow sufficient time to obtain results from the drug analysis being performed on the narcotics seized in this case. The government only received the results of the drug analysis on January 3, 2012, and has therefore been unable to fashion a plea agreement up to this point. The government will provide an offer to Mr. Carrillo-Beltran by the end of the week. Defense counsel will then need additional time to review the offer with Mr. Carrillo-Beltran. The parties believe there will be a resolution of the case by the requested court date. The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein for effective defense preparation and continuing plea negotiations pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv).
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
By: ___________________________
ELANA S. LANDAU
Assistant United States Attorney
DANIEL J. BRODERICK
Federal Defender
By: ___________________________
JEREMY S. KROGER
Assistant Federal Defender
Attorney for Defendant Carrillo-Beltran
ORDER
IT IS SO ORDERED. Time is excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and 3161(h)(7)(B)(i) and (iv).
IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE