Free Motion to Continue - District Court of California - California

Case 3:07-cr-03280-BEN

Document 15

Filed 01/31/2008

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1 RUSSELL S. BABCOCK California State Bar No. 99130 2 Certified Specialist, Criminal Law State Bar of California Board of Legal Specialization 3 LAW OFFICES OF RUSSELL S. BABCOCK 1400 Sixth Avenue, Ste. 210B 4 San Diego, California 92101 [email protected] 5 (619) 531-0887 6 Attorneys for Defendant, JOHNNY HERRERA 7 8 9 10 11 12 13 14 15 16 ) ) Plaintiff, ) ) v. ) ) JOHNNY HERRERA, ) ) Defendant. ) _________________________________ ) UNITED STATES OF AMERICA, CR. NOS 07CR-3280-BEN STIPULATION AND ORDER TO CONTINUE HEARING UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Comes now the defendant, Johnny Herrera, through counsel, and hereby requests

17 to continue the motion hearing previously set for February 4, 2008 to March 3, 2008 at 18 2:00 p.m. 19 20 21 22

Counsel for the government, concurs in this motion. Respectfully submitted,

Dated: January 31, 2008
23 24 25 I consent to the continuance of the hearing date. 26

/s/ Russell S. Babcock Russell S. Babcock Attorney for Rodrigo Murillo

Dated: January 31, 2008
27 28

/s/ Carlos Arguello Carlos Arguello Assistant United States Attorney

Case 3:07-cr-03280-BEN

Document 15

Filed 01/31/2008

Page 2 of 2

1 DECLARATION OF RUSSELL S. BABCOCK 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 /s/ Russell S. Babcock RUSSELL S. BABCOCK Attorney for Herrera I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct except as to matters stated on information and belief and as to those matters I believe them to be true. This declaration was executed in San Diego, California, January 31, 2008 I, Russell S. Babcock, declare: 1. I am the attorney for defendant.. 2. That the motion hearing was previously scheduled for February 4, 2008 before this Court. 3. That declarant and the government need additional time to reach a disposition in this case. 4. I have notified the Assistant United States Attorney assigned to this case, Carlos Arguello, of the new proposed date and he has no objection to the continuance.

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