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United States v. Holmes

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


October 30, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CLARENCE AUSTIN HOLMES, DEFENDANT.

The opinion of the court was delivered by: Hon. Edward J. Garcia United States District Judge

STIPULATION AND ORDER TO RESET MOTION SCHEDULE

The United States of America, through its counsels of record, Lawrence G. Brown, United States Attorney for the Eastern District of California, and William S. Wong, Assistant United States Attorney, and the defendant Clarence Austin Holmes, through his counsel, J. Toney, Esq., stipulate and agree to the following revised motion schedule regarding the defendant's motion currently set for November 13, 2009, at 10:00 a.m.:

1. Government's opposition shall be filed no later than November 13, 2009;

2. Defendant's reply, if any, shall be filed no later than November 27, 2009; and

3. Non-evidentiary hearing set for December 11, 2009, at 10:00 a.m.

The defendant's previous counsel, Mary French, Assistant Federal Defender, was engaged in settlement negotiations with the government prior to resigning from the Federal Defender's Office. The defendant's present counsel, J. Toney, Esq., is now engaged in settlement negotiations with the government with hopes of resolving this matter on or before the government's filing date of November 13, 2009. The parties respectfully request that the Court allow some additional time for new counsel and for the government to attempt a resolution of the matter. Furthermore, counsel for the government is scheduled to begin a three-week jury trial on October 27, 2009, in the matter of United States v. Villasenor, CR S 07-248 WBS. Because the Villasenor case was short set, counsel for the government has been involved in trial preparation for the last two and a half weeks. With this revised law and motion schedule, the parties will attempt to resolve the matter within two weeks, and if not, the government will file its response by the 13th of November. Accordingly, the parties stipulate to the revised law and motion schedule.

Additionally, the parties agree that time be excluded pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv) - Local Code T-4 - reasonable time to prepare and for continuity of counsel, and 18 U.S.C. § 3161(h)(1)(F) - Local Code E - pending motion. The parties agree that time be excluded under these provisions for the reasons stated above from September 11, 2009, to and including December 11, 2009.

DATED: October 23, 2009

Respectfully submitted,

LAWRENCE G. BROWN Acting United States Attorney

WILLIAM S. WONG Assistant U.S. Attorney

J. TONEY, ESQ. Attorney for the Defendant

ORDER

Good cause having been shown, it is hereby ordered that the revised motion schedule is adopted and that time should be excluded under Local Code T-4 and Local Code E from September 11, 2009, to and including December 11, 2009.

20091030

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