Free Stipulation - District Court of California - California

Case 5:07-cr-00595-JF

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Filed 02/25/2008

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BARRY J. PORTMAN Federal Public Defender MANUEL U. ARAUJO, Assistant Federal Public Defender 160 West Santa Clara Street, Suite 575 San Jose, CA 95113 Telephone: (408) 291-7753 Counsel for Defendant VERGARA-PEREZ

IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION 11 UNITED STATES OF AMERICA, 12 13 14 15 16 STIPULATION 17 Defendant and the government, through their respective counsel, hereby stipulate that, 18 subject to the court's approval, the status hearing in the above-captioned matter, presently 19 scheduled for February 27, 2008 at 9:00 a.m., may be continued to March 26, 2008 at 9:00 a.m. 20 Mr. Vergara-Perez believes that he was denied the opportunity at the time of his deportation 21 hearing to apply for a waiver of removal because of being misled by the Immigration Judge into 22 believing that he had no remedy from the sanction of removal. In this regard, the defense has 23 requested and the government has agreed to provide a copy of the audio tape of the immigration 24 hearing to determine if Mr. Vergara-Perez's claim has merit. Government counsel has directed 25 the case agent to attempt to locate and secure a copy of the above noted audio tape. It is 26
STIPULATION TO CONTINUE HEARING; [PROPOSED] ORDER No. CR 07-00595-JF

) ) ) Plaintiff, ) v. ) ) OSIEL VERGARA-PEREZ, ) ) Defendant. _____________________________________ )

No. CR 07-00595- JF STIPULATION TO CONTINUE STATUS HEARING; [PROPOSED] ORDER

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Case 5:07-cr-00595-JF

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Filed 02/25/2008

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anticipated that the parties will need an additional thirty days to resolve the matter and enter into negotiations regarding disposition of the case. The parties further agree and stipulate that time should be excluded from and including February 27, 2008 through and including March 26, 2008, to provide counsel reasonable time to prepare, pursuant to Speedy Trial Act, 18 U.S.C. §3161(h)(8)(A) and (B)(iv). Accordingly, the United States and the defendant agree that granting the requested exclusion of time will serve the interest of justice and outweigh the interest of the public and defendant in a speedy trial.

Dated: February 25, 2008 _________/S/___________ Manuel U. Araujo Assistant Federal Public Defender Dated: February 25, 2008 _________/S/_____________ Benjamin T. Kennedy, Assistant United States Attorney ORDER

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Good cause appearing and by stipulation of the parties, it is hereby ordered that the status 16 conference hearing in the above-captioned matter shall be continued from February 27, 2008, to 17 March 26, 2008 at 9:00 a.m. as well as the period of delay from February 27, 2008, to and 18 including March 26, 2008, is excluded for purposes of Speedy Trial Act computations pursuant 19 to Title 18, United States Code, Sections 3161(h)(8)(A) and 3161(h)(8)(B)(iv). 20 21 22 23 24 25 26
ORDER CONTINUING HEARING No. C R 0 8-0 00 01 -RM W

Dated: February ___, 2008 __________________________________ JEREMY FOGEL, United States District Judge

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