IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
August 31, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
JOHNNY CLAY, JR., DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME Date: October 9, 2009 Time: 9:00 a.m.
Judge: Hon. Garland E. Burrell, Jr.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, SEAN FLYNN, Assistant United States Attorney, attorney for Plaintiff, and LINDA C. HARTER, Chief Assistant Federal Defender, attorney for Defendant, that the status conference hearing date of August 28, 2009 be vacated, and the matter be set for status conference on October 9, 2009 at 9:00 a.m.
Negotiations are continuing between the parties toward a possible misdemeanor disposition of this case, and counsel for Mr. Clay needs additional time to prepare.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including October 9, 2009 pursuant to 18 U.S.C. §3161 (h)(7)B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
Dated: August 27, 2009 Respectfully submitted, DANIEL J. BRODERICK Federal Public Defender Linda C. Harter LINDA C. HARTER Chief Assistant Federal Defender Attorney for Defendant JOHNNY CLAY, JR.
Dated: August 27, 2009 LARRY BROWN United States Attorney Linda C. Harter for SEAN FLYNN Assistant U.S. Attorney Attorney for Plaintiff
ORDER IT IS SO ORDERED. Time is excluded from today's date through and including October 9, 2009 in the interest of justice pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) [reasonable time to prepare] and Local Code T4.
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