Opinion
No. 2:09-cr-00275-MCE
09-09-2011
UNITED STATES OF AMERICA, Plaintiff, v. HUGO GARCIA-MORALES, Defendant.
BENJAMIN B. WAGNER United States Attorney Michele Beckwith Assistant U.S. Attorney CARO MARKS Attorney for Defendant
BENJAMIN B. WAGNER
United States Attorney
MICHELE BECKWITH
Assistant U.S. Attorney
ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
The parties request that the status conference in this case previously set for July 28, 2011, be continued to September 1, 2011 at 9:00 a.m. They stipulate that the time between July 28, 2011, and September 1, 2011 should be excluded from the calculation of time under the Speedy Trial Act. As set forth in the memorandum filed by the Probation Office, additional time is needed for the preparation of a pre-plea report, which will assist the parties' preparation of this case and their assessment of various issues in the case. The parties stipulate that the ends of justice are served by the Court excluding such time, 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
By: Michele Beckwith
Assistant U.S. Attorney
CARO MARKS
Attorney for Defendant
ORDER
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference previously set for July 28, 2011, be continued to September 1, 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 July 28, 2011, to and including, the September 1, 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.
MORRISON C. ENGLAND, JR.
UNITED STATES DISTRICT JUDGE