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United States v. Sims

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 11, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ANDREW WESLEY SIMS, DEFENDANTS.

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

Hon. William B. Shubb

The parties request that the status conference currently set for August 11, 2008, be continued to August 25, 2008, and stipulate that the time beginning August 11, 2008, and extending through August 25, 2008, should be excluded from the calculation of time under the Speedy Trial Act. The parties submit that the ends of justice are served by the Court excluding such time, so that counsel for each defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4.

The government is in the process of considering new evidence regarding the defendant's involvement in the charged offenses. The parties will need time to discuss this evidence and consider various courses of action. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

Respectfully Submitted, McGREGOR W. SCOTT United States Attorney Dated: August 8, 2008 By:/s/ Michael M. Beckwith MICHAEL M. BECKWITH Assistant U.S. Attorney Dated: August 8, 2008 By:/s/ Shari Rusk SHARI RUSK Attorney for defendant Andrew Wesley Sims

ORDER

The status conference in case number CR. S-07-0437 WBS, currently set for August 11, 2008, is continued to August 25, 2008 at 8:30 a.m., and the time beginning August 11, 2008, and extending through August 25, 2008, is excluded from the calculation of time under the Speedy Trial Act. The Court finds that interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

IT IS SO ORDERED.

20080811

© 1992-2008 VersusLaw Inc.



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