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United States v. Miller

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


September 8, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
RICHARD MILLER, 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

Hon. Garland E. Burrell

The parties request that the status conference currently set for August 21, 2009, be continued to October 16, 2009, and stipulate that the time beginning August 21, 2009, and extending through October 16, 2009, should be excluded from the calculation of time under the Speedy Trial Act. The parties submit that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4.

This continuance is requested as negotiations are continuing between the parties and additional time is needed for preparation.

The parties stipulate and agree 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)(A).

Respectfully Submitted, LAWRENCE G. BROWN United States Attorney Dated: August 31, 2009 MICHAEL M. BECKWITH Assistant U.S. Attorney

Dated: August 31, 2009 LAUREN CUSICK Attorney for defendant Richard Miller

ORDER

For the reasons stated above, the status conference in case number CR. S 08-452-GEB, currently set for August 21, 2009, is continued to October 16, 2009; and the time beginning August 21, 2009, and extending through October 16, 2009, is excluded from the calculation of time under the Speedy Trial Act for effective defense preparation. The Court finds that 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)(A) and (B)(iv).

IT IS SO ORDERED.

20090908

© 1992-2009 VersusLaw Inc.



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