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United States v. Irons

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


December 18, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CLINTON EARL IRONS, DEFENDANTS.

The opinion of the court was delivered by: Hon. William B. Shubb

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE

Date: Monday, December 21, 2009

Defendant Clinton Earl Irons, by and through his attorney, and the government, by and through the undersigned Assistant United States Attorney, request that the status conference currently start for Monday, December 21, 2009, at 8:30 a.m., be continued to Monday, February 1, 2009, at 8:30 a.m., and stipulate that the time from December 21, 2009, and extending through February 1, 2010, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.

Defense counsel is currently in trial on another matter and has been unable to review discovery with his client and adequately prepare. Accordingly, the parties believe that the continuance should be excluded from the calculation of time under the Speedy Trial Act. The additional time is necessary to ensure effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4. The interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. § 3161(h)(7)(A).

Respectfully Submitted,

BENJAMIN B. WAGNER United States Attorney

DATED: December 17, 2009

KYLE REARDON Assistant U.S. Attorney

Kyle Reardon for TOM JOHNSON Attorney for Defendant Clinton Earl Irons

ORDER

The status conference for defendant Clinton Earl Irons in case number 2:09-CR-0054 WBS, currently set for December 21, 2009, at 8:30 a.m., is continued to Monday, February 1, 2010, at 8:30 a.m., and the time beginning December 21, 2009, and extending through February 1, 2010, is excluded from the calculation of time under the Speedy Trial Act in accordance with 18 U.S.C. § 3161 and Local Code T4.

IT IS SO ORDERED.

20091218

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