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United States v. McCluer

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


December 2, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CHRISTOPHER MCCLUER, DEFENDANT.

AMENDED STIPULATION FOR CONTINUANCE OF TRIAL CONFIRMATION HEARING AND TRIAL AND BRIEFING SCHEDULE PERTAINING TO MOTION TO SUPPRESS EVIDENCE; STIPULATION AND [PROPOSED] ORDER STIPULATION

Plaintiff, United States of America, by and through its counsel, Assistant United States Attorney Matthew C. Stegman, and defendant, Christopher McCluer, by and through his counsel, Erin J. Radekin, agree and stipulate to vacate the dates set for trial confirmation hearing and jury trial in the above-captioned matter, December 3, 2009 at 10:00 a.m. and January 11, 2010 at 10:00 a.m., respectively, and to continue the trial confirmation hearing to February 11, 2010 at 10:00 a.m., and the jury trial to March 1, 2010 at 10:00 a.m., in the courtroom of the Honorable Kimberly J. Mueller. The defense seeks this continuance in order to file a motion to suppress evidence based on violations to Mr. McCluer's rights under the Fourth Amendment to the United States Constitution, to allow the government to respond to such motion and the defense to reply to such response, and to set a date for hearing on the motion. The Court is advised that Mr. Stegman concurs with this request and has authorized Ms. Radekin to sign this stipulation on his behalf.

The parties further agree and stipulate to the following briefing schedule pertaining to the motion to suppress evidence: Motion to suppress evidence December 28, 2009 Government's response January 18, 2010 Defense reply January 25, 2010 The parties agree that the hearing on the motion to suppress will be held on February 4. 2010 at 10:00 a.m.

The parties further agree and stipulate that the time period from the filing of this stipulation until March 1, 2020 should be excluded in computing time for commencement of trial under the Speedy Trial Act, based upon the filing of the pretrial motion under 18 U.S.C. § 3161(h)(1)(D), the interest of justice under 18 U.S.C. § 3161(h)(8)(B)(iv), and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for effective defense preparation. It is further agreed and stipulated that the ends of justice served in granting the request outweigh the best interests of the public and the defendant in a speedy trial.

Accordingly, the parties respectfully request the Court adopt this proposed stipulation.

IT IS SO STIPULATED

Dated: December 2, 2009 BENJAMIN WAGNER United States Attorney By: MATTHEW STEGMAN Assistant United States Attorney

Dated: December 2, 2009 ERIN J. RADEKIN Attorney for Defendant CHRISTOPHER McCLUER

ORDER

For the reasons set forth in the accompanying stipulation and declaration of counsel, the trial confirmation hearing date of December 3, 2009 at 10:00 a.m., and the jury trial date of January 11, 2010 at 10:00 a.m., are VACATED and the above-captioned matter is set for trial confirmation hearing on February 11, 2010 at 10:00 a.m., and jury trial on March 1, 2010 at 10:00 a.m. The court finds excludable time in this matter through January 11, 2010 under 18 U.S.C. § 3161(h)(8)(B)(iv), 7 (h)(1)(D) and Local Code T4, to allow continuity of counsel and to allow reasonable time necessary for pretrial motions and for effective defense preparation. For the reasons stipulated by the parties, the Court finds that the interest of justice served by granting the request outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(8)(A), (h)(8)(B)(iv).

IT IS FURTHER ORDERED that the following schedule be set pertaining to the motion to suppress evidence: Motion to suppress evidence December 28, 2009 Government's response January 18, 2010 Defense reply January 25, 2010 In addition, the hearing on the motion to suppress evidence shall be held on February 4, 2010 at 10:00 a.m.

IT IS SO ORDERED.

20091202

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