IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 19, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
MATTHEW WHITE, DEFENDANT.
The opinion of the court was delivered by: Judge Hon. Lawrence J. O'Neill
STIPULATION TO CONTINUE STATUS CONFERENCE HEARING; ORDER
Date: February 5, 2010
IT IS HEREBY STIPULATED by and between the parties hereto, and through their respective attorneys of record herein, that the Status Conference Hearing in the above-captioned matter now set for January 22, 2010, may be continued to February 5, 2010, at 8:30 a.m.
This continuance is requested because Mr. White's mother contacted defense counsel on January 19, 2010, and stated that Mr. White was hospitalized on January 18, 2010, with viral meningitis. He will by unavailable to counsel and to the court on January 22, 2010, the date now set for hearing. Assistant United States Attorney Brian Enos has no objection to this request. The continuance will conserve time and resources for both counsel and the court.
The parties agree that time shall be excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B) in that the ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant such a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.
BENJAMIN B. WAGNER United States Attorney
DATED: January 19, 2010
BRIAN W. ENOS Assistant United States Attorney Attorney for Plaintiff
DANIEL J. BRODERICK Federal Defender
MELODY M. WALCOTT Assistant Federal Defender Attorney for Defendant MATTHEW WHITE
IT IS SO ORDERED. Time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B).
IT IS SO ORDERED.
Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE
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