Opinion
No. CR 11-587 EMC
10-18-2011
UNITED STATES OF AMERICA, Plaintiff, v. BARRY TORTOLERO, Defendant.
ELIZABETH M. FALK ASSISTANT FEDERAL PUBLIC DEFENDER KATHRYN HAUN ASSISTANT UNITED STATES ATTORNEY
BARRY J. PORTMAN
Federal Public Defender
ELIZABETH M. FALK
Assistant Federal Public Defender
Counsel for Defendant TORTOLERO
STIPULATION AND [PROPOSED]
ORDER FOR CONTINUANCE OF
CHANGE OF PLEA HEARING
AND EXCLUSION OF TIME
Court: The Honorable Edward M. Chen
The parties hereby stipulate and agree as follows:
1. This matter is set for a change of plea hearing on October 19, 2011 at 2:30 p.m.;IT IS SO STIPULATED.
2. Counsel for Mr. Tortolero is scheduled to be in trial on October 19, 2011 and can no longer make the change of plea hearing;
3. Counsel for the government has been contacted and has no objection to the continuation;
4. The defense thus requests that the change of plea hearing be continued to October 26, 2011 at 2:30 p.m.
5. Further, and in light of the foregoing, the parties stipulate and jointly request that time be excluded from the Speedy Trial Act calculations from Wednesday,
October 19, 2011 through Wednesday, October 26, 2011. The parties agree that the ends of justice served by granting such a continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. § 3161(h)(7)(A), (h)(7)(B)(iv)..
ELIZABETH M. FALK
ASSISTANT FEDERAL PUBLIC DEFENDER
KATHRYN HAUN
ASSISTANT UNITED STATES ATTORNEY
[PROPOSED] ORDER
For the reasons set forth above, the change of plea hearing in the aforementioned matter is hereby CONTINUED from October 19 , 2011 to October 26, 2011 at 2:30 p.m.
In addition, for the reasons stated above, the Court finds that an exclusion of time from October 19, 2011 through October 26, 2011 is warranted and that the ends of justice served by the continuance outweigh the best interests of the public and the defendant in a speedy trial. See 18 U.S.C. §3161 (h)(7)(A).
IT IS SO ORDERED.
Judge Edward M. Chen