The opinion of the court was delivered by: Oliver W. Wanger United States District Judge
STIPULATION FOR CONTINUANCE AND ORDER THEREON
IT IS HEREBY STIPULATED between the Defendant, DAVON NORVELLE SPENCER, by and through his respective attorney-of-record, Anthony P. Capozzi and Plaintiff, by and through Assistant United States Attorney, Mark Cullers, that the Sentencing hearing now set for Monday, July 27, 2009, be continued to Monday, August 3, 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:
(1) 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;
(2) Title 18, United States Code, Section 3161(h)(8)(B)(ii): that 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.
ANTHONY P. CAPOZZI, Attorney for Defendant, DAVON NORVELLE SPENCER
MARK CULLERS Assistant United States Attorney
IT IS SO ORDERED. Good cause having been shown, the hearing set for Monday, July 27, 2009 is vacated and continued to Monday, August 3, 2009 at 9:00 a.m.
Additionally, time shall be excluded by stipulation from the parties and pursuant to 18 USC §§ 3161(h)(8)(A) and 3161(h)(8)(B)(ii).