Free Stipulation - District Court of California - California

Case 4:07-cr-00600-SBA

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Filed 04/10/2008

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JOSEPH P. RUSSONIELLO (CABN 44332) United States Attorney BRIAN J. STRETCH (CABN 163973) Chief, Criminal Division JAMES C. MANN (CABN 221603) Assistant United States Attorney 1301 Clay Street, Suite 340-S Oakland, California 94612 Telephone: (510) 637-3680 Facsimile: (510) 637-3724 E-Mail: [email protected] Attorneys for Plaintiff UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA, Plaintiff, v. SERGIO LERMA-LOPEZ, Defendant. ) ) ) ) ) ) ) ) ) ) ) No. CR-07-00600 SBA STIPULATED REQUEST TO CONTINUE HEARING DATE TO JUNE 24, 2008 AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT Date: Time: Court: April 8, 2008 9:00 a.m. Hon. Saundra Brown Armstrong

The above-captioned matter was set on April 8, 2008 before this Court for status or change of plea. The parties request that this Court continue the hearing to June 24, 2008 at 11:00 a.m., and that the Court exclude time under the Speedy Trial Act between the date of this stipulation and June 24, 2008. The parties have reached an agreement pursuant to Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure and will submit the proposed plea agreement to the Court at the same time as this stipulation. To allow time for the Court to consider the proposed plea agreement and for the preparation of a Modified Presentence Investigation Report (Sentencing Guidelines and Criminal History Only) by the United States Probation Office, the parties request that this matter be continued to June 24, 2008 at 11:00 a.m. for change of plea and sentencing (assuming the
STIP. REQ. TO SET CONTINUE HEARING TO JUNE 24, 2008 AND TO EXCLUDE TIM E No. CR-07-00600 SBA

Case 4:07-cr-00600-SBA

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proposed plea agreement is acceptable to the Court). Since the proposed plea agreement has been submitted to the Court, the parties further stipulate and agree that the time between April 10, 2008 and June 24, 2008 should be excluded under the Speedy Trial Act, and specifically pursuant to 18 U.S.C. § 3161(h)(1)(I), for consideration by the Court of a proposed plea agreement to be entered into by the defendant and the attorney for the government.

DATED: April 10, 2008

/s/ JAMES C. MANN Assistant United States Attorney Counsel for United States

/s/ JOYCE LEAVITT Counsel for Sergio Lerma-Lopez

STIP. REQ. TO SET CONTINUE HEARING TO JUNE 24, 2008 AND TO EXCLUDE TIM E No. CR-07-00600 SBA

Case 4:07-cr-00600-SBA

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1 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 The parties jointly requested that the hearing in this matter be continued from April 8, 2008 to June 24, 2008, and that time be excluded under the Speedy Trial Act between April 10, 2008 and June 24, 2008 to allow time for the Court to consider the proposed plea agreement to be entered into by the defendant and the attorney for the government, and to allow time for the preparation of a Modified Presentence Investigation Report (Sentencing Guidelines and Criminal History Only) by the United States Probation Office. Good cause appearing therefor, and pursuant to 18 U.S.C. § 3161(h)(1)(I), IT IS HEREBY ORDERED that this matter is set for change of plea and sentencing on June 24, 2008 at 11:00 a.m., and that time between April 10, 2008 and June 24, 2008 is excluded under the Speedy Trial Act, and specifically pursuant to 18 U.S.C. § 3161(h)(1)(I), for
STIP. REQ. TO SET CONTINUE HEARING TO JUNE 24, 2008 AND TO EXCLUDE TIM E No. CR-07-00600 SBA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION UNITED STATES OF AMERICA, Plaintiff, v. SERGIO LERMA-LOPEZ, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) No. CR-07-00600 SBA STIPULATED REQUEST TO CONTINUE HEARING DATE TO JUNE 24, 2008 AND TO EXCLUDE TIME UNDER THE SPEEDY TRIAL ACT Date: Time: Court: April 8, 2008 9:00 a.m. Hon. Saundra Brown Armstrong

Case 4:07-cr-00600-SBA

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Filed 04/10/2008

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consideration by the Court of a proposed plea agreement to be entered into by the defendant and the attorney for the government. IT IS FURTHER ORDERED that the United States Probation Office shall prepare a Modified Presentence Investigation Report (Sentencing Guidelines and Criminal History Only).

DATED:_________________

____________________________________ HON. SAUNDRA BROWN ARMSTRONG United States District Judge

STIP. REQ. TO SET CONTINUE HEARING TO JUNE 24, 2008 AND TO EXCLUDE TIM E No. CR-07-00600 SBA