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United States v. Ross

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


March 15, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOHNNIE EARL ROSS, DEFENDANT.

The opinion of the court was delivered by: Judge Garland E. Burrell, Jr.

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE

Date: April 23, 2010

It is hereby stipulated between the parties, Todd Leras, Assistant United States Attorney, attorney for plaintiff, and Douglas Beevers, Assistant Federal Defender, attorney for defendant JOHNNIE EARL ROSS, that the Status Conference hearing date of March 12, 2010, be vacated and a new Status Conference hearing date of April 23,2010 at 9:00 a.m. be set.

This continuance is requested because the parties are still negotiating a plea agreement. Additional time is needed, because the parties are hoping to avoid the possibility of having a sentence reopened if retroactive changes are made to the crack guidelines. Since the defendant is held in Butte County Jail, defendant will need additional time for communications with counsel. Assistant United States Attorney Todd Leras has no objection to the continuance to April 23, 2010.

In order to afford time to complete this task and to assure continuity of defense counsel, the parties agree that time under the Speedy Trial Act should be excluded from the date of this order through April 23, 2010, pursuant to Title 18, United States Code, Section 3161(h)(7)(A) and (B)(iv)(Local Code T4).

Dated: March 9, 2010

Respectfully submitted,

DANIEL J. BRODERICK Federal Defender

DOUGLAS J. BEEVERS Assistant Federal Defender Attorney for Defendant JOHNNIE EARL ROSS

LAWRENCE G. BROWN United States Attorney

TODD LERAS Assistant U.S. Attorney per telephonic authorization

ORDER

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for March 12, 2010 be continued to April 23,2010 at 9:00 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defendant reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time from the date of this Order, to and including, the April 23, 2010 status conference shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T-4, to allow defense counsel time to prepare.

GARLAND E. BURRELL, JR. United States District Judge

20100315

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