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United States v. Burton

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


December 28, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DARREN BURTON, ET AL., DEFENDANTS.

STIPULATION AND ORDER CONTINUING PRELIMINARY HEARING AND EXCLUDING TIME

IT IS HEREBY STIPULATED by and between Assistant United States Attorney Jason Hitt, counsel for the plaintiff United States of America, and defendant Darren BURTON, by and through his counsel Michael Bigelow, Esq., that good cause exists to extend the preliminary hearing currently set for December 28, 2009, at 2:00 p.m. to January 28, 2010, pursuant to Federal Rule of Criminal Procedure 5.1(d).

Good cause exists to extend the time for the preliminary hearing within meaning of Rule 5.1(d) because the government will be providing discovery to the defense and the parties are engaged in talks regarding a pre-indictment resolution of the case against the defendant. In addition, the co-defendant, Derek STAMPLEY, will remain in state custody until approximately December 28, 2009, and therefore he has not been brought into federal custody on this case at this time. As a result, the defendant agrees that a continuance of the preliminary hearing date will not prejudice him because a pre-indictment resolution could result in overall sentencing exposure that is significantly reduced for him.

The parties further stipulate that the ends of justice are served by the Court excluding time from December 28, 2009, to January 28, 2010, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). Specifically, the defense agrees that it needs additional time to continue discussions with the government regarding resolution of the case against the defendant, receiving and then reviewing the discovery in the case, effectively evaluate the posture of the case and potentially prepare for trial, and conduct further investigation into mitigation of the defendant's federal sentencing exposure in this case. Id. For these reasons, the defendant, defense counsel, and the government stipulate and agree that 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); Local Code T4.

DATED: December 27, 2009

JASON HITT Assistant U.S. Attorney

MICHAEL BIGELOW, ESQ. Counsel for defendant Darren BURTON Authorized to sign for Mr. Bigelow on 12-14-09

Based upon the representations by counsel and the stipulation of the parties, IT IS HEREBY ORDERED that:

1. The Court finds good cause to extend the Preliminary Hearing currently set for December 28, 2009, to January 28, 2010, at 2:00 p.m. pursuant to Federal Rule of Criminal Procedure 5.1(d);

2. Based upon the representations and stipulation of the parties, the court finds that the time exclusion under 18 U.S.C. 18 U.S.C. § 3161(h)(7)(A) and Local Code T4 applies and the ends of justice outweigh the best interest of the public and the defendants in a speedy trial based upon the factors set forth in 18 U.S.C. § 3161(h)(7)(B)(iv). Accordingly, time under the Speedy Trial Act shall be excluded from December 28, 2009, up to and including January 28, 2010.

IT IS SO ORDERED.

20091228

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