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United States v. Boykin

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


April 17, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ANTHONY BOYKIN, PATRICK BOYKIN DEFENDANTS.

The opinion of the court was delivered by: Hon. William B. Shubb

STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE

DATE: April 20, 2009 TIME: 8:30 a.m.

Defendants, by and through their undersigned counsel, and the United States of America, through Assistant United States Attorney Heiko Coppola, hereby agree and stipulate to continue the status conference in the above captioned case from April 20, 2009 to May 26, 2009 at 8:30 a.m.*fn1 This continuance is requested because counsel for the Government is unavailable due to military duty. In addition, counsel for defendant Patrick Boykin is unavailable because he is currently in a state jury trial.

The parties further agree and stipulate that time be excluded from April 20, 2009 to May 26, 2009 pursuant to Local Code T4, and 18 U.S.C. §3161(h)(1)(8)(B)(iv).

Dated: April 17, 2009

JOHNNY L. GRIFFIN, III Attorney at Law

Dwight M. Samuel*fn2 Attorney at Law

Dated: April 17, 2009

Heiko Coppola*fn3 Assistant United States Attorney

ORDER

Based on the stipulation of the parties and good cause apparent therein, the Court hereby finds that the failure to grant a continuance in this case would deny Defendants' counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court specifically finds that the ends of justice are served by the granting of such continuance and outweigh the interests of the public and the Defendants in a speedy trial.

Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its order.

IT IS SO ORDERED.


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