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UNITED STATES OF AMERICA v. EMIGDIO GOMEZ-CARBAJAL

ORDER AND INITIAL STATUS REPORT

COHEN, M.J.

On the basis of the Joint Status Report filed on September 29, 2000, pursuant to the provisions of Local Rule 116.5(A), this court enters the following report and/orders, to wit:

1. No discovery matters remain in dispute;

2. The defendant does not intend to file pretrial motions;
3. In this court's view, this is not a case involving usual or complex issues for which an early joint conference of the district judge and the magistrate with counsel of record would be useful;
4. In this court's view, this is not a case involving features which would warrant special attention or modification of the standard schedule;
5. This court finds and concludes, pursuant to the provisions of 18 U.S.C. § 3161(h)(8) and Section 6(b)(8) of the Plan for Prompt Disposition of Criminal Cases in the United States District Court for the District of Massachusetts (Statement of Time Limits Adopted by the Court and Procedures for Implementing Them, Effective July 1, 1980), that the interests of justice — i.e., in this case, to provide the parties additional time to engage in plea negotiations — outweighs the best interests of the public and the defendant for a trial within seventy days of the return of an indictment.
Accordingly, it is hereby ordered that, pursuant to the provisions of 18 U.S.C. § 3161(h)(8) and Section 6(b)(8) of the Plan for Prompt Disposition of Criminal Cases in the United States District Court for the District of Massachusetts (Statement of Time Limits Adopted by the Court and Procedures for Implementing Them, Effective July 1, 1980), the Clerk of this Court enter excludable time, commencing October 3, 2000, and concluding November 6, 2000.
6. Based upon prior orders of the Court and orders entered contemporaneously herewith, all parties agree that, at the time of the Initial Status Conference, there were and are 62 days of Excludable Time under the Speedy Trial Act;
7. A Final Status Conference has been scheduled for November 6, 2000, at 1:55 p.m. Counsel for the respective parties shall file a Joint Memorandum addressing the matters set forth in LR 166.5(C)(1) through (9) before the close of business no less than FIVE days prior to that Final Status Conference.
8. As requested by the parties, the Initial Status Conference scheduled for October 3, 2000, is canceled.

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U.S. v. GOMEZ-CARBAJAL, (D.Mass. 2000)
(Oct 2, 2000)