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United States v. O'Neil

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


January 15, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DANIEL O'NEIL, DEFENDANT

The opinion of the court was delivered by: Judge: Hon. Frank C. Damrell, Jr.

Date: January 25, 2010 Time: 10:00 a.m.

STIPULATION AND ORDER TO CONTINUE JUDGMENT AND SENTENCING

IT IS HEREBY STIPULATED BY AND AMONG ALL PARTIES that the Judgment and Sentencing scheduled for January 25, 2010 at 10:00 a.m. is to be continued to March 1, 2010 at 10:00 a.m.in the same courtroom. Thomas A. Johnson, Defendant's attorney, and Phillip Ferrari, Assistant United States Attorney, agree and stipulate to the continuance. The continuation is requested because defense counsel needs additional time to research and prepare for the judgment and sentencing hearing. The parties 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).

It is further stipulated that the period from the date of this stipulation through and including March 1, 2010 be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv) and Local Code T2 and T4 for continuity and preparation of counsel.

IT IS SO STIPULATED.

DATE: January 15, 2010

THOMAS A. JOHNSON Attorney for Defendant DANIEL O'NEIL

DATE: January 15, 2010

BENJAMIN B. WAGNER United States Attorney

Thomas A. Johnson for PHILLIP FERRARI Assistant U.S. Attorney

IT IS SO ORDERED.

20100115

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