IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 9, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
MICHAEL MCENRY, DEFENDANT.
The opinion of the court was delivered by: Judge Hon. Oliver W. Wanger
STIPULATION TO CONTINUE STATUS CONFERENCE AND ORDER THEREON Date: August 17, 2009 Time: 9:00 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, KAREN A. ESCOBAR, Assistant United States Attorney, counsel for plaintiff, and ERIC V. KERSTEN, Assistant Federal Defender, counsel for defendant, Michael McEnry, that the date for status conference in this matter may be continued to August 17, 2009, or the soonest date thereafter that is convenient to the court. The date currently set for status conference is July 13, 2009. The requested new date is August 17, 2009.
This continuance is requested to allow time for additional defense investigation, and for further negotiations in an attempt to settle the matter.
The government extended a plea offer on July 7, 2009. The defense is not willing to accept the agreement as proffered, but considers it a useful starting point. While additional negotiations are needed, the prosecutor is out of the office through July 17, 2009. Time is needed for further negotiations, and to review with Mr. McEnry any revised plea which may be extended.
The parties agree that the delay resulting from the continuance shall be excluded as necessary for effective defense preparation pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED. The intervening period of delay is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
Oliver W. Wanger UNITED STATES DISTRICT JUDGE
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