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United States v. Ware

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


April 2, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RICKY WARE, DEFENDANT.

ORDER CONTINUING STATUS CONFERENCE

ORDER

The parties appeared before the Court on Monday, November 17, 2008, in case number S-08-0414 LKK. At that time, based upon the representations and agreement of all counsel, the Court ordered that the status conference set for March 24, 2009, at 9:15 a.m., be continued to Tuesday, April 7, 2009, at 9:15 a.m., and that the time beginning March 24, 2009, and extending through April 7, 2009, was excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.

The exclusion of time is appropriate due to the defense counsels' need to prepare. 18 U.S.C. § 3161(h)(8)(B)(ii) and (iv); Local Code T4. A continuance is necessary in this case in order to ensure defense counsel has a reasonable amount of time to review the evidence given the limitations imposed by Congress. It's also necessary to ensure defense counsel's effective preparation, taking into account the exercise of due diligence.

18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4.

ACCORDINGLY, it is hereby ordered that the status conference set for March 24, 2009, at 9:15 a.m., be continued to Tuesday, April 7, 2009, at 9:15 a.m., and that the time beginning March 24, 2009, and extending through April 7, 2009, be excluded from the calculation of time under the Speedy Trial Act. The Court finds 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 ORDERED.

20090402

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