Stipulation to Set Change of Plea and Vacate Status Conference; Order — No. 1:21-cr-00144 (Dkt. 34, E.D. Cal.)

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A three-page Stipulation to Set Change of Plea and Vacate Status Conference with order, Document 34, filed 10/13/22 in United States v. Cecilia Aquino, Case No. 1:21-cr-00144-JLT-SKO, in the U.S. District Court for the Eastern District of California, signed October 12, 2022 by Robert Lamanuzzi for the defendant and Assistant United States Attorney Joseph Barton. The parties have reached a plea agreement and ask that a change of plea hearing be set before the Honorable Jennifer L. Thurston on December 2, 2022 at 9:00 a.m. and that the status conference set for October 19, 2022 be vacated; because Aquino wants more time with her counsel, who is unavailable until December 2, 2022, time under the Speedy Trial Act is excluded for October 20 through December 2, 2022 under 18 U.S.C. § 3161(h)(7)(B)(iv). Magistrate Judge Sheila K. Oberto so ordered on 10/13/2022.

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     Case 1:21-cr-00144-JLT-SKO Document 34 Filed 10/13/22 Page 1 of 3


1    PHILLIP A. TALBERT
     United States Attorney
2    JOSEPH D. BARTON
     Assistant United States Attorney
3    2500 Tulare Street, Suite 4401
     Fresno, CA 93721
4    Telephone: (559) 497-4000
     Facsimile: (559) 497-4099
5
6    Attorneys for Plaintiff
     United States of America
7
8
9                             IN THE UNITED STATES DISTRICT COURT
10                         FOR THE EASTERN DISTRICT OF CALIFORNIA
11
12    UNITED STATES OF AMERICA                        Case No. 1:21-cr-00144-JLT-SKO
13                   Plaintiff,                       STIPULATION TO SET CHANGE OF
                                                      PLEA AND VACATE STATUS
14                                                    CONFERENCE; ORDER
15          v.
16    CECILIA AQUINO,                                 DATE: October 19, 2022
                                                      TIME:  1:00 p.m.
17                   Defendant.                       JUDGE: Hon. Sheila K. Oberto
18
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20          The Parties have reached a Plea Agreement to resolve this case. Accordingly, IT IS
21   HEREBY STIPULATED between the parties that the case can be set for a Change of Plea
22   hearing before the Honorable Jennifer L. Thurston on December 2, 2022, at 9:00 a.m. The
23   Parties have confirmed this date with the Court. The Status Conference that is scheduled for
24   October 19, 2022, can be vacated.
25          Time under the Speedy Trial Act has already been excluded through October 19, 2022.
26   Ms. Aquino is requesting more time to meet with her defense counsel and her defense counsel is
27   unavailable until December 2, 2022. Therefore, the Parties agree that time under the Speedy
28   Trial Act shall be excluded for the additional period of October 20, 2022, through December 2,
     Case 1:21-cr-00144-JLT-SKO Document 34 Filed 10/13/22 Page 2 of 3


1    2022, in the interests of justice, including but not limited to, the need for defense preparation and
2    continuity of defense counsel pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv).
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5     Dated: October 12, 2022                            /s/ Robert Lamanuzzi
                                                         ROBERT LAMANUZZI
6                                                        Counsel for Cecilia Aquino
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      Dated: October 12, 2022                            /s/ Joseph Barton
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                                                         JOSEPH BARTON
9                                                        Assistant United States Attorney

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     Case 1:21-cr-00144-JLT-SKO Document 34 Filed 10/13/22 Page 3 of 3


1    PHILLIP A. TALBERT
     United States Attorney
2    JOSEPH D. BARTON
     Assistant United States Attorney
3    2500 Tulare Street, Suite 4401
     Fresno, CA 93721
4    Telephone: (559) 497-4000
     Facsimile: (559) 497-4099
5
6    Attorneys for Plaintiff
     United States of America
7
8
                             IN THE UNITED STATES DISTRICT COURT
9
                          FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
      UNITED STATES OF AMERICA                           Case No. 1:21-cr-00144-JLT-SKO
12
                    Plaintiff,                           STIPULATION TO SET CHANGE OF
13                                                       PLEA AND VACATE STATUS
                                                         CONFERENCE; ORDER
14
            v.
15
      CECILIA AQUINO,                                    DATE: October 19, 2022
16                                                       TIME:  1:00 p.m.
                    Defendant.                           JUDGE: Hon. Sheila K. Oberto
17
18
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                                                 ORDER
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            Upon the Parties’ stipulation and for good cause shown, this case is set for a Change of
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     Plea hearing on December 2, 2022, at 9:00 a.m., before the Honorable Jennifer L. Thurston. The
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     Status Conference that is scheduled for October 19, 2022, is vacated. Time under the Speedy
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     Trial Act has already been excluded through October 19, 2022. The additional period through
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     December 2, 2022, is also excluded pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv).
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            IT IS SO ORDERED.
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      DATED: 10/13/2022
27
                                                  HONORABLE SHEILA K. OBERTO
28                                                UNITED STATES MAGISTRATE JUDGE


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