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United States v. Eccel

United States District Court, Ninth Circuit, California, E.D. California
Mar 12, 2015
2:14-CR-00279 MCE (E.D. Cal. Mar. 12, 2015)

Opinion

          HEATHER E. WILLIAMS, Federal Defender, DOUGLAS J. BEEVERS, Assistant Federal Defender, Sacramento, CA, Attorney for Defendant GARY ECCEL.

          HEATHER E. WILLIAMS, Federal Defender, DOUGLAS J. BEEVERS, Assistant Federal Defender, Attorney for Clarence Redoble.

          BENJAMIN B. WAGNER, United States Attorney, JILL THOMAS, Assistant U.S. Attorney, Attorney for Plaintiff.


          STIPULATION AND ORDER TO VACATE STATUS CONFERENCE AND SET FOR A CHANGE OF PLEA HEARING, AND EXCLUDE TIME

          MORRISON C. ENGLAND, Jr., Chief District Judge.

         IT IS HEREBY STIPULATED by and between Benjamin Wagner, U.S. Attorney, through, Assistant United States Attorney Jill Thomas, attorney for Plaintiff, Heather Williams, Federal Defender, through Assistant Federal Defender Douglas Beevers, attorney for Gary Eccel, that the status conference scheduled for March 12, 2015 be vacated and set for a change of plea hearing on April 23, 2015 at 9:00 a.m.

         The continuance is requested to allow time for preparation of a plea agreement. The additional time will also be used to review discovery with the defendant in preparation for a change of plea.

         Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded of this order's date through and including April 23, 2015; pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

          ORDER

         IT IS HEREBY ORDERED, the Court, having received, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its order. The Court specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.

         The Court orders the time from the date the parties stipulated, up to and including April 23, 2015, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and(B)(iv) [reasonable time for counsel to prepare] and General Order 479, (Local Code T4). It is further ordered the March 12, 2015 status conference shall be vacated and set as a change of plea hearing on April 23, 2015, at 9:00 a.m.

         IT IS SO ORDERED.


Summaries of

United States v. Eccel

United States District Court, Ninth Circuit, California, E.D. California
Mar 12, 2015
2:14-CR-00279 MCE (E.D. Cal. Mar. 12, 2015)
Case details for

United States v. Eccel

Case Details

Full title:UNITED STATES OF AMERICA, Plaintiff, v. GARY ECCEL, Defendant.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Mar 12, 2015

Citations

2:14-CR-00279 MCE (E.D. Cal. Mar. 12, 2015)