Opinion
CR. No. 09-381EJG
08-10-2011
UNITED STATES OF AMERICA, Plaintiff, v. GERARDO VALENCIA REVUELTA, Defendants.
ROBERT L. FORKNER (CSB#1066097) Law Offices of Robert L. Forkner Attorney for Defendant GERARDO VALENCIA REVUELTA
ROBERT L. FORKNER (CSB#1066097)
Law Offices of Robert L. Forkner
Attorney for Defendant
GERARDO VALENCIA REVUELTA
STIPULATION AND ORDER
Defendant GERARDO VALENCIA-REVUELTA, through his attorney ROBERT L. FORKNER, and the United States, through its counsel, Assistant United States Attorney MICHAEL M. BECKWITH, hereby stipulate and request the following:
1. That the Court continue the sentencing in the above-captioned case from September 9, 2011, to October 7, 2011, at 10:00 a.m.
2.. Defense counsel has just recently received the report from probation and will be on a previously scheduled vacation in the next couple of weeks. As such, defense requests the continuance in order to permit a complete review of the Pre Sentencing Report from Probation with the defendant who is in custody at the Butte County Jail, and file to the necessary objections before the currently scheduled date
For these reasons, the parties stipulate and request that the Court exclude time within which the trial must commence under the Speedy Trial Act from September 9, 2011 through October 7, 2011, for defense preparation under 18 U.S.C. § 3161(h)(8)(B)(ii) and (iv) (local codes T2 and T4).
Respectfully submitted,
ROBERT L. FORKNER
Attorney for Defendant
GERARDO VALENCIA-REVUELTA
MICHAEL M. BECKWITH
Assistant United States Attorney
ORDER
IT IS SO ORDERED. For the reasons stated above, the Court finds that the needs of defense counsel to prepare outweigh the public and the defendants' interest in a speedy trial, and therefore the continuance and exclusion of time are in the interest of justice.
Honorable EDWARD J. GARCIA
United States District Judge