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United States v. Forkner

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


February 26, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DAVID FORKNER AND LORETTA CANHAM, DEFENDANTS.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE

Date: 2/20/2009 Time: 9:00 a.m. Judge: Hon. Garland E. Burrell

IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Michael M. Beckwith, Assistant United States Attorney, together with counsel for defendant David Forkner, John R. Manning Esq., and counsel for defendant Loretta Leigh Canham, Dennis S. Waks Esq., that the status conference presently set for February 20, 2009 be continued to March 27, 2009, at 9:00 a.m., thus vacating the presently set status conference. This matter involves a wire intercept on several telephones and related pen registers, as well as over 3000 pages of discovery.

It is further stipulated that the time between February 20, 2009 and March 27, 2009 can appropriately be excluded from the Speedy Trial Act pursuant to 18 USC § 3161(h)(8)(B)(ii)(Local Code T-2) and 18 USC § 3161(h)(8)(B)(iv)(Local T-4).

IT IS SO STIPULATED.

Dated: February 19, 2009

JOHN R. MANNING Attorney for Defendant David Robbie Forkner

Dated: February 19, 2009

DENNIS S. WAKS Attorney for Defendant

Loretta Leigh Canham

Dated: February 19, 2009

McGREGOR W. SCOTT United States Attorney

MICHAEL M. BECKWITH Assistant U.S. Attorney

[PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

GOOD CAUSE APPEARING, it is hereby ordered that the February 20, 2009 status conference be continued to March 27, 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)(ii)(Local Code T-2) and 18 U.S.C. § 3161(h)(8)(B)(iv)(Local Code T-4) from the date of this order to March 27, 2009.

IT IS SO ORDERED.

20090226

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