Opinion
No. CR 11-0758 EMC
11-29-2011
UNITED STATES OF AMERICA, Plaintiff, v. JESUS YANEZ PLANCARTE, a/k/a Mario Pacheco Pulido, Defendant.
MELINDA HAAG (CABN 132612) United States Attorney MIRANDA KANE (CABN 150630) Chief, Criminal Division SUSAN PHAN (CABN 241637) Special Assistant United States Attorney Attorneys for the United States of America
MELINDA HAAG (CABN 132612)
United States Attorney
MIRANDA KANE (CABN 150630)
Chief, Criminal Division
SUSAN PHAN (CABN 241637)
Special Assistant United States Attorney
Attorneys for the United States of America
STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER 18 U.S.C. § 3161
The defendant appeared for his initial status conference before this Court on November 3, 2011. The parties requested a pre-plea Pre-Sentencing Report (PSR) for Mr. Yanez-Plancante. Defense counsel represented that the pre-plea PSR will aid Mr. Yanez-Plancante's understanding of the potential sentence he may face in this case. The parties have agreed to exclude the period of time between November 3, 2011 to December 14, 2011, from any time limits applicable under 18 U.S.C. § 3161. The parties represented that granting the exclusion would allow the reasonable time necessary for effective preparation of counsel. See 18 U.S.C. § 3161(h)(7)(B)(iv). The parties also agree that good cause exists, and that the ends of justice served by granting such an exclusion of time outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A). At the hearing, the Court made findings consistent with this agreement. SO STIPULATED:
MELINDA HAAG
United States Attorney
SUSAN PHAN
Special Assistant U.S. Attorney
JODI LINKER
Attorney for JESUS YANEZ-PLANCARTE
[PROPOSED] ORDER
For the reasons stated above at the November 3, 2011 status conference, the Court finds that the exclusion from the time limits applicable under 18 U.S.C. § 3161 of the period from November 3, 2011 to December 14, 2011 is warranted and that good cause exists, and the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §3161(h)(7)(A).
IT IS SO ORDERED.
Judge Edward M. Chen