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United States v. Phaouthoum

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


November 7, 2008

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KEOUDONE NOY PHAOUTHOUM, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Hon. Garland E. Burrell

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

The parties request that the status conference currently set for November 7, 2008, be continued to January 9, 2009, and stipulate that the time beginning November 7, 2008, and extending through January 9, 2009, 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 parties are in the process of discussing and negotiating various pretrial dispositions. Each defendant will need time to consider any plea offer he or she may receive. Additionally, counsel for each defendant needs more time to review the discovery in this case, discuss that discovery with their respective clients, consider evidence that may affect the disposition of this case, and discuss with their clients how to proceed. 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,

Dated: November 6, 2008

ORDER

The status conference in case number CR. S 08-390-GEB, currently set for November 7, 2008, is continued to January 9, 2009, and the time beginning November 7, 2008, and extending through January 9, 2009, 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.

GARLAND E. BURRELL, JR. United States District Judge

20081107

© 1992-2008 VersusLaw Inc.



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