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United States v. Boykin

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


August 26, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
ANTHONY BOYKIN DEFENDANTS.

The opinion of the court was delivered by: Hon. William B. Shubb

STIPULATION AND [PROPOSED] ORDER TO VACATE THE CURRENT TRIAL CONFIRMATION HEARING, VACATE THE TRIAL DATE, AND SET A STATUS CONFERENCE

DATE: August 31, 2009

Defendant BOYKIN by and through his undersigned counsel, and the United States of America, through Assistant United States Attorney, Heiko Coppola, hereby agree and stipulate to vacate the current trial confirmation hearing set for August 31, 2009, and to vacate the trial date of September 15, 2009, and set a status conference for October 19, 2009 at 8:30 a.m.*fn1. This vacating of the trial confirmation hearing and trial date is requested because counsel for Defendant needs additional time to conduct further investigation, and to engage in settlement negotiations with counsel for the Government.

The parties further agree and stipulate that time be excluded from August 31, 2009 to October 19, 2009 pursuant to Local Code T4, and 18 U.S.C. §3161(h)(7)(B)(iv).

Dated: August 26, 2009

JOHNNY L. GRIFFIN, III Attorney at Law

Heiko Coppola*fn2 Assistant United States Attorney

ORDER

Based on the stipulation of the parties and good cause apparent therein, the Court hereby finds that the failure to grant a continuance in this case would deny Defendants' counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court specifically finds that the ends of justice are served by the granting of such continuance and outweigh the interests of the public and the Defendants in a speedy trial.

Based on these findings and pursuant to the stipulation of the parties, the Court hereby adopts the stipulation of the parties in its entirety as its order.

IT IS SO ORDERED.


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