U.S. v. LARA

Case No. 2:17-cr-00089-MCE.

UNITED STATES OF AMERICA, Plaintiff, v. CRESENCIO OMAR DAVILA LARA, Defendant.

United States District Court, E.D. California.


Attorney(s) appearing for the Case

Cresencio Omar Davila Lara, Defendant, represented by Jerome Price , Office Of The Federal Defender.

USA, Plaintiff, represented by Katherine Theresa Lydon , United States Attorney's Office.


AMENDED STIPULATION AND ORDER TO CONTINUE CHANGE OF PLEA AND SENTENCING HEARING

MORRISON C. ENGLAND, Jr., District Judge.

IT IS HEREBY STIPULATED by and between Phillip A. Talbert, United States Attorney, through Katherine T. Lydon, Assistant United States Attorney, attorney for Plaintiff, and Heather Williams, Federal Defender, through Assistant Federal Defender Jerome Price, attorney for Cresencio Omar Davila Lara, that the change of plea and sentencing hearing scheduled for August 10, 2017 be vacated and be continued to August 17, 2017 at 10:00 a.m.

On June 16, 2017, Mr. Lara appeared for arraignment and entered a not guilty plea. Counsel set a future status conference for August 3, 2017. On the Court's own motion the August 3, 2017 change of plea and sentencing hearings were vacated and continued to August 10, 2017. The parties now request a continuance to August 17, 2017 and agree this date represents the best next date for a hearing. This date provides defense counsel needed time to continue investigating the facts of the case, reviewing discovery, and negotiating a resolution to this matter.

Based upon the foregoing, the parties agree time under the Speedy Trial Act should be excluded from August 3, 2017 through and including August 17, 2017, pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and General Order 479, Local Code T4 based upon continuity of counsel and defense preparation.

ORDER

The Court, having received, read, and considered the parties' stipulation, and good cause appearing therefrom, adopts the parties' stipulation in its entirety as its order. It specifically finds the failure to grant a continuance in this case would deny counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court further finds the ends of justice are served by granting the requested continuance and outweigh the best interests of the public and defendant in a speedy trial.

Time between August 3, 2017, up to and including August 17, 2017, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and(B)(iv) [reasonable time for counsel to prepare] and General Order 479, (Local Code T4). It is further ordered the August 10, 2017 change of plea and sentencing hearing shall be continued until August 17, 2017, at 10:00 a.m. before Judge England.

IT IS SO ORDERED.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases