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United States v. Phaouthoum

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


June 11, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
KEOUDONE NOY PHAOUTHOUM, JOHN LI, SON NGUYEN, KOMMALA XAYADETH, AND TUY NGUYEN DEFENDANTS.

The opinion of the court was delivered by: Hon. Garland E. Burrell

AMENDED STIPULATION AND [PROPOSED} ORDER CONTINUING CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

The parties request that the status conference currently set for June 12, 2009, be continued to June 26, 2009, and stipulate that the time beginning June 12, 2009, and extending through June 26, 2009, should be excluded from the calculation of time under the Speedy Trial Act. The parties submit that the ends of justice are served by the Court excluding such time, so that counsel for each defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4.

The parties are in the process of discussing and negotiating various pretrial dispositions. Additionally, counsel for each defendant needs more time to review the discovery in this case, discuss that discovery with their respective clients, consider evidence that may affect the disposition of this case, and discuss with their clients how to proceed. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

Respectfully Submitted,

LAWRENCE G. BROWN Acting United States Attorney

Dated: June 10, 2009

MICHAEL M. BECKWITH Assistant U.S. Attorney

Dated: June 10, 2009

STEVEN D. BAUER Attorney for defendant Keoudone Noy Phaouthoum

Dated: June 10, 2009

MARK REICHEL Attorney for defendant Kommala Xayadeth

Dated: June 10, 2009

JOHNNY GRIFFIN Attorney for defendant John Li

Dated: June 10, 2009

MICHAEL BIGELOW Attorney for defendant Son Nguyen

Dated: June 10, 2009

DAVID DRATMAN Attorney for defendant Tuy Nguyen

ORDER

The status conference in case number CR. S 08-390-GEB, currently set for June 12, 2009, is continued to June 26, 2009, and the time beginning June 12, 2009, and extending through June 26, 2009, is excluded from the calculation of time under the Speedy Trial Act. The Court finds that interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

IT IS SO ORDERED.

GARLAND E. BURRELL, JR. United States District Judge

20090611

© 1992-2009 VersusLaw Inc.



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