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United States v. Garcia

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


September 8, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
PHILIP JESSE GARCIA, ET AL. DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE Date: 9/5/08 Time: 9:00 a.m. Judge: Hon. Garland E. Burrell

IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Michael M. Beckwith, Assistant United States Attorney, together with counsel for defendant David Forkner, John R. Manning Esq., counsel for defendant Philip Jesse Garcia, Hayes H. Gable III Esq., counsel for defendant Loretta Leigh Canham, Dennis S. Waks Esq., and counsel for defendant Steven Lynn Talbot, William E. Bonham Esq., that the status conference presently set for September 5, 2008 be continued to October 17, 2008, at 9:00 a.m., thus vacating the presently set status conference. This matter involves a wire intercept on several telephones and related pen registers. The government has notified the defense that approximately 1000 plus pages of discovery are forthcoming.

It is further stipulated that the time between September 5, 2008 and October 17, 2008 can appropriately be excluded from the Speedy Trial Act pursuant to 18 USC § 3161(h)(8)(B)(ii)(Local Code T-2) and 18 USC § 3161(h)(8)(B)(iv)(Local T-4).

IT IS SO STIPULATED.

Dated: August 28, 2008

JOHN R. MANNING Attorney for Defendant David Robbie Forkner

Dated: August 28, 2008

HAYES H. GABLE III Attorney for Defendant Philip Jesse Garcia

Dated: August 28, 2008

DENNIS S. WAKS Attorney for Defendant Loretta Leigh Canham

Dated: August 28, 2008

WILLIAM E. BONHAM Attorney for Defendant Steven Lynn Talbot

Dated: August 28, 2008

McGREGOR W. SCOTT United States Attorney

MICHAEL M. BECKWITH Assistant U.S. Attorney

GOOD CAUSE APPEARING, it is hereby ordered that the September 5, 2008 status conference be continued to October 17, 2008 at 9:00 a.m. I find that the ends of justice warrant an exclusion of time and that the defendant's need for continuity of counsel and reasonable time for effective preparation exceeds the public interest in a trial within 70 days. THEREFORE IT IS FURTHER ORDERED that time be excluded pursuant to 18 U.S.C. § 3161(h)(8)(B)(ii)(Local Code T-2) and 18 U.S.C. § 3161(h)(8)(B)(iv)(Local Code T-4) from the date of this order to October 17, 2008.

IT IS SO ORDERED.

20080908

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