UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
December 1, 2009
UNITED STATES OF AMERICA PLAINTIFF,
DANIEL HERNANDEZ, DEFENDANT.
STIPULATION AND ORDER RESETTING BRIEFING SCHEDULE AND MOTION HEARING, AND EXCLUDING TIME UNDER SPEEDY TRIAL ACT.
It is hereby stipulated and agreed to between the United States of America through Jill Thomas, Assistant United States Attorney, and defendant, DANIEL HERNANDEZ, by and through his counsel, Lindsay Anne Weston, that the following revised briefing and motion schedule and hearing date be adopted by this Court: Defense motion to suppress filed by: January 8, 2010 Government reply due: January 22, 2010 Defense rebuttal brief due: January 29, 2010 Motions' hearing: February 5, 2010 at 9:00 a.m.
The basis for this continuance, which is at the request of the defense, is to allow the defense sufficient additional time, given defense counsel's recent family medical emergency, to prepare and file a motion to suppress the evidence.
The parties further agree and respectfully request that the period of time from December 4, 2009, (the date currently set for the motions hearing) through and including February 5, 2010, be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to 18 U.S.C. §3161(h)(1))(D))and (h)(7)(A) and Local Code T4 for adequate time for defense counsel to prepare and file pre-trial motions.
IT IS SO ORDRED.
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