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United States v. Fowler

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


September 10, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DOUGLASS FOWLER DEFENDANT.

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

STIPULATION AND (PROPOSED) ORDER TO VACATE TRIAL CONFIRMATION AND TRIAL DATES AND TO SET STATUS CONFERENCE

Defendant Douglass Fowler, by his attorney of record, Matthew C. Bishop, and Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Jason Hitt, hereby stipulate and agree that the Trial Confirmation date currently set for September 12, 2008 at 9:00 a.m. and the Trial date currently set for September 30, 2008 at 9:00 a.m. should be vacated and îí that a Status conference should be set for September 19, 2008 at 9:00 a.m..

This request is based on the recent Substitution of Attorney filed on behalf of the defendant in this matter and new counsel's need to obtain and thoroughly îê review discovery in this matter which is believed to include in excess of 100 îé pages and audio tapes in an effort to adequately prepare this case for resolution or trial. The parties further agree and stipulate that the period of time between the original Trial date of September 30, 2008 and a new Trial date set by this court at the September 19, 2008 status conference should be excluded from computed time for commencement of trial under the Speedy Trial Act, based upon the interests of justice under 18 U.S.C. § 3161(h)(8)(B)(iv) and Local Code T4, to allow defendant his choice of counsel and a reasonable time necessary for effective defense preparation.

A proposed order granting the requested relief is submitted with this stipulation.

ORDER

Based upon the representations and stipulations, IT IS HEREBY ORDERED that:

1. The Trial Confirmation currently set for September 12, 2008, at 9:00 a.m. ê is hereby vacated; and,

2. The Trial date currently set for September 30, 2008 at 9:00 a.m., is hereby vacated; and,

3. A Status Conference in this matter is set for September 19, 2008 at 9:00 a.m., at which time new Trial Confirmation and Trial dates shall be set; set; and and,

4. The Court finds that the ends of justice outweigh the best interest of the public and the defendant in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded from September 30, 2008 through the new date set for trial in this matter.

20080910

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