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United States v. Larkin

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


March 29, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
CHRISTOPHER LARKIN, DEFENDANT.

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

STIPULATION AND [PROPOSED] ORDER CONTINUING HEARING ON MOTION TO SUPPRESS AND EXCLUDING TIME DATE: May 7, 2010 TIME: 10:00 a.m.

Stipulation The parties stipulate, through undersigned counsel, that the hearing on the motion to suppress evidence, currently set for Friday, May 7, 2010, at 10:00 a.m., shall be continued to Friday, May 14, 2010, at 10:00 a.m., and stipulate that the time beginning May 7, 2010, and extending through May 14, 2010, should be excluded from the calculation of time under the Speedy Trial Act. 18 U.S.C. § 3161.

In accord with the change in the hearing date, the parties further stipulate that the briefing schedule should be modified as follows:

Defendant's moving papers: April 9, 2010

Government's opposition brief: April 23, 2010

Defendant's reply brief: April 30, 2010

Counsel for defendant has recently finished a jury trial in an unrelated matter and the additional time requested is necessary to ensure effective preparation, taking into account the exercise of due diligence.

Accordingly, the parties believe that the continuance should be excluded from the calculation of time under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(1)(D) and Local Code E. Furthermore, the additional time is necessary to ensure effective preparation, taking into account the exercise of due diligence, as well as to ensure continuity of defense counsel. 18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4. 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)(8)(A).

The prosecutor has authorized the defense attorney to sign on her behalf.

DATED: March 29, 2010

ORDER

The hearing on the motion to suppress evidence in case number S-08-0086 EJG, currently set for Friday, May 7, 2010, at 10:00 a.m., is continued to Friday, May 14, 2010, at 10:00 a.m., and the time beginning May 7, 2010, and extending through May 14, 2010, is excluded from the calculation of time under the Speedy Trial Act in accordance with 18 U.S.C. § 3161 and Local Codes E and T4. The briefing schedule is hereby modified as set forth in the above stipulation.

IT IS SO ORDERED.

Edward J. Garcia, Judge United States District Court

20100329

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