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United States v. Jawad

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


August 18, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
NAJEH KAMAL JAWAD, DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

STIPULATION TO CONTINUE MOTION TO DISMISS INDICTMENT AND ORDER of DENIAL

IT IS HEREBY STIPULATED, by and between the parties hereto, through their respective counsel, James R. Terzian, Assistant United States Attorney for Plaintiff, and Anthony P. Capozzi, Attorney for Defendant, NAJEH KAMAL JAWAD, that the Motion to Dismiss Indictment currently scheduled for August 28, 2009, at 8:15 a.m. may be continued to October 2, 2009, at 8:15 a.m. Further it is stipulated that the Government's response to said Motion to Dismiss will be due September 14, 2009, and the Status Conference scheduled for August 28, 2009, will remain on calendar.

This continuance is necessary for ongoing plea negotiations and to serve the ends of justice under 18 U.S.C. § 1361(h)(1)(A).

The parties agree that time continues to be excluded pursuant to the Speedy Trial Act under 18 U.S.C. §§ 3161(h)(1)(F) and (h)(8)(A) for the Court's consideration of the pre-trial motion and the parties' preparation of the case.

ORDER

THE STIPULATION DOES NOT INCLUDE A SUFFICIENT FACTUAL BASIS FOR THE COURT TO DETERMINE THAT GOOD CAUSE EXISTS FOR THE CONTINUANCE. DENIED.

IT IS SO ORDERED.

20090818

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