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United States v. Brogan

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


January 7, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RAYMOND BROGAN, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Judge Hon. Morrison C. England, Jr.

STIPULATION AND ORDER CONTINUING STATUS CONFERENCE Date: 1/8/09 Time: 9:00 a.m.

IT IS HEREBY stipulated between the United States of America through its undersigned counsel, R. Steven Lapham, Assistant United States Attorney, together with counsel for defendant Raymond Brogan, Matthew C. Bockmon, Esq., and counsel for defendant Robert Brogan, John R. Manning, Esq., that the status conference presently set for January 8, 2009 be continued to February 5, 2009, at 9:00 a.m., thus vacating the presently set status conference.

The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendants 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). Specifically, the requested continuance is based upon the need of defense counsel to review the 600 plus pages of discovery and for further investigation. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A).

IT IS SO STIPULATED.

Dated: January 6, 2009

ORDER TO CONTINUE STATUS CONFERENCE

GOOD CAUSE APPEARING, it is hereby ordered that the January 8, 2009 status conference be continued to February 5, 2009 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)(iv) and Local Code T4 from the date of this order to February 5, 2009.

IT IS SO ORDERED.

MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE

20090107

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