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United States v. Xiong

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


May 15, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TONY XIONG, DEFENDANT.

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

STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL Time: 9:00 a.m. Date: Friday, May 15, 2009 Court: Hon. Garland E. Burrell

The parties request that the status conference currently set for Friday, May 15, 2009, at 9:00 a.m., be continued to Friday, June 5, 2009, at 9:00 a.m., and stipulate that the time beginning May 15, 2009, and extending through June 5, 2009, should be excluded from the calculation of time under the Speedy Trial Act.

18 U.S.C. § 3161.

The parties are analyzing the evidence in the case and believe that a resolution is near. The evidence in this case includes a significant amount of material recovered from the forensic search of the defendant's computer. In order to permit a full investigation into all aspects of the case and to allow for defense preparation, the additional time is needed.

Accordingly, the parties believe that the continuance should be excluded from the calculation of time under the Speedy Trial Act. The additional time is necessary to ensure effective preparation, taking into account the exercise of due diligence.

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

ORDER

The status conference in case number 2:09-0036 GEB, currently set for Friday, May 15, 2009, at 9:00 a.m., is continued to Friday, June 5, 2009, at 9:00 a.m., and the time beginning May 15, 2009, and extending through June 5, 2009, is excluded from the calculation of time under the Speedy Trial Act in accordance with 18 U.S.C. § 3161 and Local Code T4.

IT IS SO ORDERED.

20090515

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