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United States v. Donaldson

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO


January 21, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
PHILLIP AARON DONALDSON, DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

STIPULATION FOR CONTINUANCE AND ORDER THEREIN

IT IS HEREBY STIPULATED between the Defendant, PHILLIP AARON DONALDSON, by and through his attorney of record, Anthony P. Capozzi, and Plaintiff, by and through Assistant United States Attorney, Kimberly A. Sanchez, that the Change of Plea Hearing now set for Friday, January 23, 2009 at 8:30 a.m. be continued to Friday, January 30, 2009 at 8:30 a.m.

It is further stipulated by the parties that any delay resulting from this continuance shall be excluded on the following basis:

1. Title 18, United States Code, Section 3161(h)(8)(A) -- that the ends of justice served by taking such action outweighs the best interest of the public and the defendant in a speedy trial;

2. Title 18, United States Code, Section 3161(h)(8)(ii) -- that it is unreasonable to expect adequate preparation for pre-trial proceedings or for the trial itself with the time limits established due to the complexity of the case.

ORDER

IT IS SO ORDERED. Good cause having been shown, the Hearing now set for January 23, 2009 is vacated and is now scheduled for Friday, January 30, 2009 at 8:30 a.m.

Additionally, time shall be excluded by stipulation from the parties and pursuant to 18 USC §§ 3161(h)(A) and 3161(h)(B)(ii).

IT IS SO ORDERED.

20090121

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