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United States v. Xiong

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


July 20, 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]. Date: July 31, 2009 Time: 9 a.m.

Judge Hon. Garland E. Burrell, Jr.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, S. ROBERT TICE-RASKIN, Assistant Untied States Attorney, attorney for Plaintiff, and OLAF HEDBERG, attorney for defendant, that the status conference now scheduled for July 31, 2009 at 9 a.m. be vacated and a new date of August 28, 2009 at 9 a.m. be set for status. The parties are actively engaged in ongoing settlement negotiations and further time is felt necessary to finalize those negotiations. It is further stipulated and agreed between the parties that the period beginning July 31, 2009 and ending August 28, 2009, should be excluded in computing the time within which the trial of the above criminal prosecution must commence for the purpose of the Speedy Trial Act for defense preparation. The defense has been engaged in ongoing legal research and investigation. All parties stipulate and agree that this is an appropriate exclusion of time within the meaning of Title 18, United States Code, Section 3161(h)(7)(A) and (B)(iv) (Local Code T4), and that the ends of justice served by taking such action outweigh the best interest of the public and the defendant in a speedy trial.

Dated this 16th of July, 2009

ORDER

IT IS SO FOUND AND ORDERED

20090720

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