The opinion of the court was delivered by: Honorable George WU United States District Judge
ORDER RE MODIFICATION OF BOND, CONTINUANCE OF TRIAL DATE, AND EXCLUDABLE TIME PERIODS UNDER SPEEDY TRIAL ACT Previous trial date: Jan. 27, 2009 New trial date: April 28, 2009 Pursuant to the stipulation of the parties, THE COURT HEREBY FINDS:
1. Defendant Moussa Mahmoud Matar desires to travel to Lebanon for two months to be with his father, who is seriously ill and is about to undergo surgery. This absence of the defendant from the United States will require a continuance of the trial date.
2. In order to leave the United States, defendant requires a modification of his bond conditions, which currently restrict his travel to the Central District of California.
Continuance of Trial; Speedy Trial Act
3. This case is currently set for trial on January 27, 2009. In light of defendant Moussa Mahmoud Matar's anticipated two-month absence from the United States in January and February 2009, the parties agree and stipulate to continue the trial to April 28, 2009.
4. The requested continuance is not based on congestion of the Court's calendar, lack of diligent preparation on the part of the attorney for the government or the defense, or failure on the part of the attorney for the Government to obtain available witnesses.
Modification of Bond Conditions
1. The bond conditions set for defendant Moussa Mahmoud Matar (hereinafter "defendant") are modified as follows:
a. Defendant's bond conditions are modified to allow him to travel to Lebanon beginning in late December 2008 or early January 2009, for a period not to exceed two months. During the period of time when defendant is outside the United States, the requirement of intensive pretrial supervision is suspended.
b. Defendant's U.S. passport shall be returned to him by Pretrial Services for the purpose of his travel to Lebanon in late December 2008 or early January 2009, for a two-month period.
c. Prior to leaving the United States, defendant will submit his flight itinerary to the FBI and to Pretrial Services for both his departure and return flights.
d. Once defendant has arrived in Lebanon, he will remain in Lebanon until his return to the United States. While in transit to or from Lebanon, defendant will not ...