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United States v. Blanford

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


May 28, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOEL BLANFORD, DEFENDANT.

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

STIPULATION AND [PROPOSED] ORDER CONTINUING TRIAL Time: 9:00 a.m. Date: Tuesday, July 21, 2009

The parties request that the trial currently set to start on Tuesday, July 21, 2009, at 9:00 a.m., be continued to Tuesday, October 27, 2009, at 9:00 a.m., and stipulate that the time beginning July 21, 2009, and extending through October 27, 2009, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.

The parties request the additional time in order to adequately prepare for trial. Both parties have been involved in trials that have prevented them from preparing for this case. The next available date for both parties that will allow sufficient time for preparation is October 27, 2009.

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).

The parties also request that the current status conference date of Monday, June 29, 2009, at 8:30 a.m. be vacated and that a new status conference date of Monday, October 5, 2009, be set.

DATED: May 26, 2009

ORDER

The trial in case number 2:08-CR-0269 WBS, currently set to start on July 21, 2009, at 9:00 a.m., is continued to Tuesday, October 27, 2009, at 9:00 a.m., and the time beginning July 21, 2009, and extending through October 27, 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.

The Trial Confirmation Hearing is set for Monday, October 5, 2009, at 8:30 a.m.

IT IS SO ORDERED.

20090528

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