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United States v. Nothstein

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


June 25, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DUNCAN WILLIAM NOTHSTEIN, DEFENDANT.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREIN

IT IS HEREBY STIPULATED between the Defendant, DUNCAN WILLIAM NOTHSTEIN, by and through his attorney-of-record, Anthony P. Capozzi, and Plaintiff, by and through Assistant United States Attorney, Karen Escobar, that the Status Conference now set for Monday, June 29, 2009 be continued to Monday, July 27, 2009 at 9:00 a.m.

It is further stipulated by the parties that any delay resulting from this continuance shall be excluded on the following basis:

a. 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.

b. 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

Good cause having been shown, the Status Conference now set for Monday, June 29, 2009 is vacated and continued to Monday, July 27, 2009 at 9:00 a.m. Additionally, time shall be excluded by stipulation from the parties and pursuant to 18 U.S.C. §§ 3161(h)(A) and 3161(h)(B)(ii).

IT IS SO ORDERED.

20090625

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