Opinion
No. CR-11-00494 DLJ
11-17-2011
UNITED STATES OF AMERICA, Plaintiff, v. JOB HERNANDEZ, Defendant.
BARRY J. PORTMAN Federal Public Defender MANUEL U. ARAUJO Counsel for Defendant JOB HERNANDEZ
BARRY J. PORTMAN
Federal Public Defender
MANUEL U. ARAUJO
Counsel for Defendant JOB HERNANDEZ
STIPULATION TO CONTINUE HEARING TO NOVEMBER 22, 2011 at 9:00 a.m., and [PROPOSED] ORDER
Honorable Howard R. Lloyd
STIPULATION
The parties, Job Hernandez and the government, acting through their respective counsel and subject to the Court's approval, stipulate that the hearing date currently set for November 18, 2011, be vacated and that the Court set a new hearing date on November 22, 2011, at 9:00 a.m.
Counsel for Mr. Hernandez has a calendar conflict and will be unavailable on November 18, 2011.
The parties further agree and stipulate for purposes of Speedy Trial Act computations pursuant to Title 18, United States Code, Sections 18 U.S.C. §3161(h)(7)(A) and (B)(iv) that time should be excluded from November 18, 2011 through and including November 22, 2011, to provide continuity of counsel and to provide defense counsel further time to prepare. Accordingly, Mr. Hernandez and the government agree that granting the requested exclusion of time will serve the interest of justice and outweigh the interest of the public and the defendant in a speedy trial.
Manuel U. Araujo,
Assistant Federal Public Defender
Thomas Colthurst,
Assistant United States Attorney
[PROPOSED] ORDER
WHEREFORE, based on the above, the COURT HEREBY ORDERS that the hearing currently scheduled on November 18, 2011, is continued to November 22, 2011, at 9:00 a.m., and further ordered that the period of delay from time from November 18, 2011, through and including November 22, 2011, is excluded for purposes of Title 18, United States Code, Sections 3161(h)(7)(A) and 3161(h)(7)(B)(iv).
SO ORDERED.
HONORABLE, HOWARD R. LLOYD,
United States Magistrate Judge