Opinion
CASE NO. 1:11-CR-00184 AWI
07-16-2012
UNITED STATES OF AMERICA, Plaintiff, v. ROBERT CERVANTES, Defendant.
BENJAMIN B. WAGNER United States Attorney KIMBERLY A. SANCHEZ Assistant U.S. Attorney
BENJAMIN B. WAGNER
United States Attorney
KIMBERLY A. SANCHEZ
Assistant U.S. Attorney
STIPULATION AND
ORDER FOR CONTINUANCE OF TRIAL
IT IS HEREBY STIPULATED by and between Benjamin B. Wagner, United States Attorney and Kimberly A. Sanchez, Assistant U.S. Attorney and Daniel K. Martin, attorney for Robert Cervantes, that the trial set for August 7, 2012 be continued to September 25, 2012 at 8:30 a.m.
1. A necessary witness in the case, ATF SA Ryan Stearman, the case agent, has received a new assignment on the east coast, and the week of August 7, 2012 is the first week of his assignment. As such, it would be extremely difficult for him to appear back in the Eastern District of California as he is just transitioning into his new position. Moreover, the the parties met and conferred on July 13, 2012 for over 2 hours, and need additional time to discuss a possible resolution of the matter.
2. The parties request that the Court keep the July 23, 2012 court date in place as a status conference, set the trial for September 25, 2012, and set a trial confirmation for September 4, 2012.
3. The parties agree that the Court should order time excludable through and until September 4, 2012, finding that the ends of justice served by granting such continuance outweigh the best interests of the defendant and the public pursuant to 18 U.S.C. § 3161(h)(7)(A).
Respectfully submitted,
BENJAMIN B. WAGNER
United States Attorney
By ____________________________
KIMBERLY A. SANCHEZ
Assistant U.S. Attorney
____________________________
DANIEL K. MARTIN
Attorney for Robert Cervantes
IT IS SO ORDERED.
____________________________
CHIEF UNITED STATES DISTRICT JUDGE