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United States v. Davis

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


September 2, 2009

UNITED STATES OF AMERICA PLAINTIFF,
v.
TRAVIS DAVIS, DEFENDANT.

ORDER CONTINUING STATUS CONFERENCE AND FINDING EXCLUDABLE TIME

This matter came on regularly for Status Conference on August 18, 2009, in the courtroom of the Honorable Lawrence K. Karlton. Shari Rusk appeared on behalf of defendant Travis Davis, who was personally present. Assistant U.S. Attorney Russell L. Carlberg appeared on behalf of the United States.

Upon motion of defendant Davis, the court set a change-of-plea hearing in this case for November 3, 2009 at 9:15 a.m.

According to defense counsel, the government has provided a plea offer to defendant Davis. Ms. Rusk asked for time between August 18 and November 3 to allow the U.S. Probation Office to prepare a pre-plea pre-sentence report ("pre-plea PSR"). Additionally, Ms. Rusk stated that she will need time to review the report so that she can evaluate the government's plea offer and properly advise her client. Moreover, the government has provided hundreds of pages of discovery to the defendant, along with audio and video recordings. This material may need to be re-reviewed by defense counsel in light of Probation's pre-plea PSR. Thus, the requested continuance is for effective and diligent preparation of counsel.

The Court finds that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial, 18 U.S.C. §§ 3161 (h)(8)(B)(iv) (local code T-4) and time, therefore, will be excluded as to Mr. Davis from August 18, 2009 through November 3, 2009.

20090902

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