Opinion
1:10-cr-00450-AWI
10-05-2011
UNITED STATES OF AMERICA, Plaintiff, v. BRIAN KEITH CORTEZ, Defendant.
Jeremy R. Jehangiri Assistant United States Attorney Melody M. Walcott Attorney for Defendant, Brian Keith Cortez
BENJAMIN B. WAGNER
United States Attorney
JEREMY R. JEHANGIRI
Assistant United States Attorneys
Attorneys for Plaintiff
United States of America
STIPULATION AND AGREEMENT TO
VACATE JURY TRIAL DATE; ORDER
DATE: October 17, 2011
TIME: 9:00 a.m.
Honorable Anthony W. Ishii
The United States of America, by and through Assistant United States Attorney Jeremy R. Jehangiri, and Defendant Brian Keith Cortez, by and through his counsel, Melody M. Walcott, submit this stipulation for the Court's consideration.
IT IS STIPULATED AND AGREED:
1. The parties request that the jury trial date in this case be vacated from the Court's calendar of November 15, 2011, at 9:00 a.m.
2. The parties stipulate that a plea agreement has been reached in this case. The plea agreement was filed with the Court on September 29, 2011.
3. The parties also request that the Court schedule a change of plea hearing to be held on October 17, 2011, at 9:00 a.m.
4. The parties stipulate and agree that the time resulting from consideration by the Court of a proposed plea agreement should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161(h)(1)(G).
5. Pursuant to the terms of the plea agreement, the parties stipulate and agree that the interests of justice served by accepting this stipulation outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).
SO STIPULATED AND AGREED.
Jeremy R. Jehangiri
Assistant United States Attorney
Melody M. Walcott
Attorney for Defendant, Brian Keith Cortez
ORDER
IT IS SO ORDERED.
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CHIEF UNITED STATES DISTRICT JUDGE