IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
November 10, 2008
UNITED STATES OF AMERICA, PLAINTIFF,
JEROME MAURICE HARPER, DEFENDANT.
The opinion of the court was delivered by: Judge: Hon. Anthony W. Ishii
STIPULATION TO VACATE TRIAL DATE AND RE-SET FOR CHANGE OF PLEA OR FURTHER STATUS CONFERENCE; ORDER
Date: December 15, 2008
Time: 9:00 A.M.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel that the trial date currently scheduled for December 2, 2008, in the above-captioned matter may be vacated and that the case may be re-set for change of plea or further status conference.
The request is made by both parties. The basis for the request is that the parties are in active negotiations and anticipate that the case will resolve. Defendant has advised counsel that he does not wish to proceed to trial and would like to pursue a plea. Because of the numerous charges filed against Mr. Harper the negotiations are involved and the parties are attempting to reach an appropriate settlement. Additionally, counsel for Mr. Harper has some further investigation which must be done regarding his custody status and the prior convictions which will impact his sentencing. This information is necessary so that he can understand the exact nature of his plea.
Further, based on the foregoing counsel for the defense is not ready to proceed to trial at this time. It is requested that the case be set for further status conference on December 15, 2008, at 9:00 A.M. If the parties are ready to proceed with a plea they will do so at that time. Otherwise, an appropriate schedule will be set at that time.
The parties agree that the delay resulting from the continuance shall be excluded in the interests of justice, including but not limited to, the need for the period of time set forth herein in the interest of justice and for effective defense preparation pursuant to 18 U.S.C. §§ 3161(h)(8)(A), and 3161(h)(8)(B)(i) and (iv).
McGREGOR W. SCOTT United States Attorney
DATED: November 7, 2008
KIMBERLY A. SANCHEZ Assistant United States Attorney Attorney for Plaintiff
DANIEL J. BRODERICK Federal Public Defender
DATED: November 7, 2008
FRANCINE ZEPEDA Assistant Federal Defender Attorneys for Defendant JEROME MAURICE HARPER
ORDER IT IS SO ORDERED.
Time is hereby excluded pursuant to 18 U.S.C. §§ 3161(h)(8)(A), and 3161(h)(8)(B)(i) and (iv).
IT IS SO ORDERED.
Anthony W. Ishii CHIEF UNITED STATES DISTRICT JUDGE
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