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United States v. Devries

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO


December 23, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MARK CHARLES DEVRIES, DEFENDANT.

The opinion of the court was delivered by: Oliver W. Wanger United States Senior District Court Judge

STIPULATION FOR CONTINUANCE AND ORDER THEREIN

IT IS HEREBY STIPULATED between the Defendant, MARK CHARLES DEVRIES, by and through his attorney of record, Anthony P. Capozzi, and Plaintiff, by and through Assistant United States Attorney Mark McKeon that the Jury Trial now set to begin on Wednesday, January 20, 2010, at 9:00 a.m. be continued to Tuesday, February 17, 2010 at 9:00 a.m.

It is also stipulated that the Trial Confirmation and Motions Hearing now scheduled for Monday, January 4, 2010 at 9:00 a.m. be continued to Monday, February 1, 2010 at 9:00 a.m.

This request is based upon the following factors:

1. The attorneys have been discussing the extensive discovery in this case. Approximately 150 pages of the defendant's correspondence with the Internal Revenue Service was just recently re-issued to this attorney.

2. Additional records concerning the defendant's administrative file are available in the United States Attorney's office and need to be reviewed.

3. A Motion for a Bill of Particulars and a Motion to Strike Portions of the Indictment are currently pending before this court.

4. Both attorneys have researched the cases set for February 17, 2010, i.e. United States v. Maldonado & Gacizar, 09-CR-024 OWW and United States v. Steven Young, case number 08-CR-218 OWW. It appears that neither of the two cases will proceed to trial.

5. The additional time is needed for both attorneys to prepare for trial.

It is also stipulated that the Trial Confirmation and Motions Hearing now scheduled for Monday, January 4, 2010 at 9:00 a.m. be continued to Monday, February 1, 2010 at 9:00 a.m.

It is further stipulated by the parties that any delay resulting from this continuance shall be excluded on the following basis:

1. Title 18, United States Code, Section 3161(h)(8)(A) -- that the ends of justice served by taking such action outweighs the best interest of the public and the defendant in a speedy trial;

2. Title 18, United States Code, Section 3161(h)(8)(ii) -- that it is unreasonable to expect adequate preparation for pre-trial proceedings or for the trial itself with the time limits established due to the complexity of the case.

Respectfully submitted,

Dated: December 22, 2009 Anthony P. Capozzi, Attorney for Defendant, Mark Charles DeVries

Dated: December 22, 2009 Mark McKeon, Assistant U.S. Attorney

ORDER

IT IS SO ORDERED. Good cause having been shown, the Trial Confirmation Hearing scheduled to begin on Monday, January 4, 2010 is vacated and is now scheduled for Monday, February 1, 2010 at 9:00 a.m. The Jury Trial now scheduled to begin on Wednesday, January 20, 2010 is vacated and is now scheduled to begin on Tuesday, February 17, 2010 at 9:00 a.m.

Additionally, time shall be excluded by stipulation from the parties and pursuant to 18 USC §§ 3161(h)(A) and 3161(h)(B)(ii).

20091223

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