IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 2, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
KEVIN WISE, DEFENDANT.
The opinion of the court was delivered by: Judge Garland E. Burrell, Jr.
STIPULATION AND ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
Date: December 4, 2009
IT IS HEREBY STIPULATED AND AGREED between plaintiff, United States of America, and defendant, Kevin Wise, through their respective attorneys, that the status conference presently scheduled for December 4, 2009, may be continued to January 29, 2010, at 9:00 a.m.
Counsel for the parties seek additional time to consider the effect on the pending case of related charges that have been disposed of in Nevada state court (a conviction based on a plea) and in the District of Nevada (a dismissal in light of the state prosecution). The government is also going to be providing discovery. The defense seeks additional time to research pretrial motions. Accordingly, the parties agree that time under the Speedy Trial Act may be excluded through January 29, 2010, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
DANIEL J. BRODERICK Federal Defender
Dated: December 1, 2009
TIMOTHY ZINDEL Assistant Federal Defender Attorney for KEVIN WISE
BENJAMIN WAGNER United States Attorney
WILLIAM S. WONG Assistant U.S. Attorney
The status conference is continued to January 29, 2010, at 9:00 a.m. For the reasons set forth above, the court finds that the ends of justice to be served by a continuance outweigh the best interests of the public and the defendant in a speedy trial and therefore excludes time through January 29, 2010, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv).
IT IS SO ORDERED.
GARLAND E. BURRELL, JR. United States District Judge
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