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United States v. Chan

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


January 6, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
WING CHOU CHAN, WAYNE RONG ZHI FENG, AND NGAI CHUNG HUNG, DEFENDANTS.

The opinion of the court was delivered by: Hon. Edward J. Garcia

STIPULATION; [PROPOSED] ORDER

DATE: January 8, 2009

Defendant, WING CHOU CHAN, through Christopher Haydn-Myer, Attorney At Law, defendant, WAYNE RONG ZHI FENG, through Dan Koukol, Attorney At Law, defendant, NGAI CHUNG HUNG, through Joseph Wiseman, Attorney at Law, and the United States of America, through Assistant U.S. Attorney Heiko Coppola, agree as follows:

It is hereby stipulated that the status conference currently set for January 8, 2010, be vacated and a new status conference be scheduled on March 12, 2010 at 10:00 a.m. Time had previously been excluded by this Court on November 20, 2009 through and including January 8, 2010 on the basis of counsel's need to prepare and complexity (Local Codes T-2 and T-4).

It is further stipulated and agreed between the parties that the time under the Speedy Trial Act should be excluded from January 8, 2010 to March 12, 2010, under Local Code T-4, Title 18, United States Code section 3161(h)(7)(B)(iv),to give the defendants time to further review the discovery and to adequately prepare. The parties also stipulate and agree that the case is complex due to the nature of the prosecution and the number of defendants charged pursuant to Local Code T-2, Title 18, United States Code section 3161(h)(7)(B)(ii). Counsel has received over one thousand pages of discovery and counsel has been informed that there are "banker's boxes" that are being scanned by the government, and will be delivered to the defense on compact discs.

The parties also stipulate and agree that the ends 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).

ORDER

FOR GOOD CAUSE SHOWN, IT IS SO ORDERED that the status conference currently set for January 8, 2010, be vacated and a new status conference be scheduled on March 12, 2010 at 10:00 a.m., and that time is excluded under Local Code T-4, Title 18, United States Code section 3161(h)(7)(B)(iv), to allow counsel reasonable time to review discovery and for effective preparation. Time is also excluded under Local Code T-2, Title 18, United States Code section 3161(h)(7)(B)(ii) because the case is complex due to the number of defendants charged and the nature of the prosecution. The Court also finds that the ends 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)

EDWARD J. GARCIA Senior U.S. District Judge

20100106

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