IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 1, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
JERRY ARBERT POOL, DEFENDANT.
The opinion of the court was delivered by: Hon. Gregory G. Hollows
STIPULATION AND PROPOSED ORDER
It is hereby stipulated and agreed to between the United States of America through SEAN C. FLYNN, Assistant United States Attorney, and defendant, JERRY ARBERT POOL, by and through his attorneys, DENNIS WAKS and RACHELLE BARBOUR, Assistant Federal Defenders, that the current briefing schedule with respect to the proposed DNA testing condition be continued so that the government's brief in reply be due on April 30, 2009. The government's brief will be submitted to the Honorable Magistrate Judge Hollows for his decision.
This continuance is being requested to provide additional time for the government to research and review legal issues and present them to the Court. The defendant's motion in this matter raises an issue of first impression under federal law. The undersigned Assistant United States Attorney has recently been contacted by the Department of Justice's Criminal Appellate Section, which has expressed a desire to provide assistance in preparing the government's response to the various constitutional issues raised by the defendant. The government requests this additional time to adequately address these issues for the Court. The government does not expect to request a further continuance, beyond April 30th, in order to complete its opposition. Time has already been excluded until the defendant's next court date pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv) [reasonable time to prepare] (Local Code T4).
Respectfully Submitted, LAWRENCE G. BROWN Acting United States Attorney
DATE: April 1, 2009
SEAN C. FLYNN Assistant U.S. Attorney
DANIEL J. BRODERICK Federal Defender
DATE: April 1, 2009
Sean Flynn for RACHELLE BARBOUR Assistant Federal Defender
No further extensions will be approved.
IT IS SO ORDERED.
GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE
© 1992-2009 VersusLaw Inc.