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United States v. Donaldson

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


May 5, 2009

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

The opinion of the court was delivered by: Honorable Lawrence J. O'Neill U.S. District Court 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, Sheila Oberto, that the Sentencing Hearing now set for Friday, May 8, 2009 at 8:30 a.m. be continued to Friday, May 29, 2009 at 8:30 a.m.

This request is made due to the unavailability of the Defendant's primary witness and the Defendant's intent to file a Sentencing Memorandum by Friday, May 15, 2009. 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 May 8, 2009 is vacated and is now scheduled for Friday, May 29, 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).

20090505

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