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United States v. Holmes

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


December 9, 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 SCHEDULE

The United States of America, through its counsels of record, Benjamin B. Wagner, 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 withdraw the presently filed motion to suppress without prejudice to re-file the same motion should the case not be resolved by the next court date which the parties respectfully request be set for entry of plea and/or status conference on January 8, 2010, 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 next hearing. With this revised schedule, the parties are close to resolving the case and will conclude its negotiations and will finalize a plea agreement if the defendant agrees to the terms and conditions of the plea agreement. Accordingly, the parties stipulate to the revised 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. The parties agree that time be excluded under these provisions for the reasons stated above from December 11, 2009, to and including January 8, 2010.

Respectfully submitted,

DATED: December 4, 2009

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 schedule is adopted and that time should be excluded under Local Code T-4 from December, 11, 2009, to and including January 8, 2010.

20091209

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