IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 22, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
PRETTY LE AND MARGARTO ALBERTE DEFENDANTS.
The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell, Jr.
STIPULATION AND [PROPOSED] ORDER RE: CONTINUANCE OF STATUS CONFERENCE AND EXCLUSION OF TIME UNDER SPEEDY TRIAL ACT
Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Mary Grad, and defendants Pretty Le, by and through her counsel, Hayes H. Gable, III, and Margarto Alberte, by and through his counsel, Michael L. Chastaine, agree and stipulate to vacate the existing status conference in the above-captioned action, August 22, 2008, and to continue the matter to October 10, 2008, at 9:00 a.m. for status conference.
The reason for this request is that the defense and the government require additional time to negotiate a settlement in this matter. The parties further agree and stipulate that the period for the filing of this stipulation until October 10, 2008, should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the interest of justice under 18 U.S.C. § 3161(h)(8)(B)(iv) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective presentation. It is further agreed and stipulated that the need of defense counsel to prepare exceeds the public's interest in commencing trial within 70 days.
Counsel for the government and defendant Wilson has authorized the execution of this stipulation on their behalf. Accordingly, the parties respectfully request the Court adopt this proposed stipulation.
Dated: August 19, 2008
Dated: May 31, 2007
IT IS SO ORDERED.
GARLAND E. BURRELL, JR. United States District Judge
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