Opinion
Criminal Case No. 10-cr-00220-DME-5
09-22-2011
UNITED STATES OF AMERICA, Plaintiff, v. 5. FRANCISCO VALENCIA-ARIAS, Defendant.
ORDER RESCHEDULING CHANGE OF PLEA HEARING
The Change of Plea Hearing scheduled for September 26, 2011, is rescheduled to September 29, 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 27, 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.
BY THE COURT:
David M. Ebel
United States Circuit Judge