Opinion
Case No.:11-CR-00299 AWI
07-05-2012
UNITED STATES OF AMERICA, Plaintiff, v. MARTIN PERALTA MUNOZ, Defendant,
DAVID A. TORRES Attorney for Defendant MARTIN PERALTA MUNOZ HENRY CARBAJAL Assistant U. S. Attorney
LAW OFFICE OF DAVID A. TORRES
Attorney at Law, SBN 135059
Attorney for Defendant
MARTIN PERALTA MUNOZ
STIPULATION AND ORDER TO
CONTINUE SENTENCING
HEARING
TO: THE CLERK OF THE UNITED STATES DISTRICT COURT, HONORABLE: ANTHONY W. ISHII AND HENRY CARBAJAL, ASSISTANT UNITED STATES ATTORNEY:
COMES NOW Defendant, MARTIN PERALTA MUNOZ by and through his attorney of record, DAVID A. TORRES hereby request that the sentencing hearing date currently set for Monday, July 9, 2012 be continued to July 23, 2012 at 10:00 a.m., or a date convenient to court and counsel.
My wife and I will be out of the country from July 4, 2012 through July 9, 2012, our flight does not return until late afternoon on July 9, 2012. As such, I will be unavailable at the time of sentencing and respectfully request that it be continued to July 23, 2012.
The defendant is willing to continue excluding time through the next court appearance in that the ends of justice in the exclusion outweigh defendant's speedy trial rights.
Based upon the foregoing, I respectfully request that this matter be continued to July 23, 2012.
_________________
DAVID A. TORRES
Attorney for Defendant
MARTIN PERALTA MUNOZ
__________________
HENRY CARBAJAL
Assistant U. S. Attorney
ORDER
IT IS SO ORDERED. For the reasons set forth above, the continuance requested is granted for good cause. The court finds the end of justice outweigh the interests of the public and the defendant's rights to a speedy trial. Therefore, time is excluded in the interest of justice pursuant to 18 U.S.C. §3161(h)(7)(A) and §3161 (h)(7)(B)(i) & (iv). IT IS SO ORDERED.
______________________________
CHIEF UNITED STATES DISTRICT JUDGE