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United States v. White

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


February 2, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MATTHEW WHITE, DEFENDANT.

The opinion of the court was delivered by: Lawrence J. O'Neill United States District Judge

STIPULATION TO CONTINUE STATUS CONFERENCE HEARING; ORDER

Date: February 12, 2010

Time: 8:15A.M.

Judge: Hon. Lawrence J. O'Neill

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 February 5, 2010, may be continued to February 12, 2010, at 8:30 a.m.

The parties seek a continuance of one week to February 12, 2010, in the above-captioned case for status conference or change of plea. As the Court will recall, Mr. White suffered viral meningitis and was hospitalized. He has been out of the hospital and from reports is doing well. Counsel was in trial and was unavailable to meet with Mr. White for any discussions regarding the case.

The computer expert is currently looking at the images involved in the case. While he will be able to give an oral report in time for the February 5, 2010 hearing, it will provide little time for Mr. White to consider options currently before him.

Trial is set for March 15, 2010 and counsel are not seeking a continuance of the trial date. AUSA 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 will be served by a continuance. Time is already excluded pursuant to the above provisions to the date of trial. Defendant requests any further exclusion for trial preparation and plea negotiations.

BENJAMIN B. WAGNER United States Attorney DATED: February 2, 2010 BRIAN W. ENOS Assistant United States Attorney Attorney for Plaintiff DANIEL J. BRODERICK Federal Defender

DATED: February 2, 2010 /s/ Melody M. Walcott MELODY M. WALCOTT Assistant Federal Defender Attorney for Defendant MATTHEW WHITE

ORDER

Good cause exists to continue, HOWEVER, due to the nature of the charges, the Court will move the time to 8:15 a.m. Time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B).

IT IS SO ORDERED.

20100202

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