Opinion
No. 1:10-CR-00384-AWI
10-13-2011
UNITED STATES OF AMERICA, Plaintiff, v. JOSE MIGUEL LIZARRAGA LOPEZ, Defendants.
ROBERT L. FORKNER Attorney for Defendant JOSE MIGUEL LIZARRAGA LOPEZ BENJAMIN B. WAGNER United States Attorney by: YASIN MOHAMMAD Assistant United States Attorney
ROBERT L. FORKNER (CSB# 166097)
Law Offices of Robert L. Forkner
Attorney for Defendant
JOSE MIGUEL LIZARRAGA LOPEZ
STIPULATION AND ORDER
CONTINUING SENTENCING
Defendant , JOSE MIGUEL LIZARRAGA LOPEZ, through his attorney ROBERT L. FORKNER, together with the United States of America through its undersigned counsel, YASIN MOHAMMAD, Assistant United States Attorney, hereby stipulate and request the following:
1. The sentencing presently set for October 17, 2011 be continued to November 14, 2011, at 9:00 a.m.
2. Assistant U.S. Attorney is not available on October 17, 2011.
Further, the defendant has opted to enter a change of plea with a plea agreement. The parties need additional time to coordinate a Safety Valve debrief with the defendant.
3. Counsel for the parties agree that this is an appropriate exclusion of time within the meaning of Title 18, United States Code § 3161(h)(7)(B)(iv) (continuity of counsel/reasonable time for effective preparation) and agree to exclude time from the date of the filing of the order until the date of the Jury Trial.
IT IS SO STIPULATED.
ROBERT L. FORKNER
Attorney for Defendant
JOSE MIGUEL LIZARRAGA LOPEZ
BENJAMIN B. WAGNER
United States Attorney
by: YASIN MOHAMMAD
Assistant United States
Attorney
ROBERT L. FORKNER (CSB# 106697)
Law Offices of Robert L. Forkner
722 Thirteenth Street
Modesto, CA 95354
Telephone: (209)544-0200
Fax: (209)544-1860
Attorney for Defendant
JOSE MIGUEL LIZARRAGA LOPEZ
UNITED STATES OF AMERICA, Plaintiff,
v.
JOSE MIGUEL LIZARRAGA LOPEZ, Defendants.
No. 1:10CR-00384-AWI
ORDER TO
CONTINUE CHANGE OF PLEA
GOOD CAUSE APPEARING, it is hereby ordered that the October 17, 2011 Sentencing be continued to November 14, 2011 at 9:00 a.m. for change of plea. I find that the ends of justice warrant an exclusion of time and the defendant's need for continuity of counsel and reasonable time for effective preparation exceeds the public interest in a trial within 70 days. THEREFORE IT IS FURTHER ORDERED that time be excluded pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv)from the date of this order to November 14, 2011.
IT IS SO ORDERED.
CHIEF UNITED STATES DISTRICT JUDGE ____