Opinion
Criminal Case No. 10-cr-00220-DME-5
09-01-2011
UNITED STATES OF AMERICA, Plaintiff, v. 5. FRANCISCO VALENCIA-ARIAS, Defendant.
ORDER SETTING CHANGE OF PLEA HEARING
A Notice of Disposition was filed in the above matter on September 1, 2011.
IT IS ORDERED THAT A Change of Plea hearing is set for September 26, 2011, at 10:00 a.m. Counsel for the parties shall deliver courtesy copies of the "Statement by Defendant In Advance of Change of Plea" and the "Plea Agreement" separately to Judge Ebel's chambers AND to the Probation Department no later than noon on September 22, 2011. If these documents are not timely submitted, the hearing will be vacated. The original and one copy of these documents should be delivered to Judge Ebel's courtroom deputy in the courtroom at the time of the hearing (see D.C.COLO.LCrR 11.1F). The Court disfavors plea agreements pursuant to F.R.Crim.P. 11(c)(1)(c) since the Booker and FanFan decisions, and they will only be accepted in certain circumstances. In light of the Defendant's Notice of Disposition, the speedy trial time is tolled.
IT IS FURTHER ORDERED that the Final Trial Preparation Conference, set for October 19, 2011, and the jury trial in this matter, set to commence October 24, 2011, are VACATED.
BY THE COURT:
David M. Ebel
United States Circuit Judge