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United States v. Perez-Cortes

United States District Court, Ninth Circuit

December 23, 2013

UNITED STATES OF AMERICA, Plaintiff,
v.
AMADO PEREZ-CORTES, Defendant.

ORDER GRANTING UNOPPOSED MOTION TO EXTEND TIME TO FILE INDICTMENT UNDER SPEEDY TRIAL ACT

RONALD B. LEIGHTON, District Judge.

The Court, having considered the Motion To Extend Time To File Indictment Under Speedy Trial Act finds that:

1. Mr. Perez-Cortes is charged by Complaint with one count of Illegal Reentry After Deportation, in Violation of Title 8, United States Code, Section 1326(a).

2. Mr. Perez-Cortes made his initial court appearance on December 5, 2013.

3. Counsel is seeking an Order continuing the time within which an Indictment must be filed on the grounds that the "ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial, " as permitted by 18 U.S.C. §§ 3161(h)(7)(A), (B)(i) and (B)(iv).

4. The defendant has executed a Waiver of Speedy Indictment waiving rights under the Sixth Amendment and the Speedy Trial Act, 18 U.S.C. §§ 3161-3174 in this regard, and has further agreed that the period from January 4, 2014, until February 4, 2014, shall be an excludable period of time under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A).

In light of the foregoing, IT IS HEREBY ORDERED that the time to file an Indictment be continued to February 4, 2014. The period of delay resulting from this continuance from January 4, 2014, until February 4, 2014, is hereby excluded for speedy trial purposes under 18 U.S.C. § 3161(h)(7).

IT IS SO ORDERED.


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