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United States v. Pool

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


March 31, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JERRY ARBERT POOL, DEFENDANT.

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

STIPULATION AND [PROPOSED] ORDER TO EXTEND TIME FOR STATUS CONFERENCE AND EXCLUDE TIME

DATE: May 21, 2010

Defendant JERRY ARBERT POOL, by and through his counsel, DENNIS S. WAKS, Supervising Assistant Federal Defender, and the United States Government, by and through its counsel, SEAN FLYNN, Assistant United States Attorney, hereby stipulate that the status conference set for April 2, 2010, be rescheduled for a status conference on Friday, May 21, 2010, at 10:00 a.m.

This continuance is being requested because defense counsel requires additional time to receive and review discovery, discuss the case with the government, and pursue investigation. Furthermore, the interlocutory appeal on the DNA issue for this defendant has been briefed, orally argued and is still pending in the Ninth Circuit (U.S. v. Jerry Pool, C.A. No. 09-10303). Counsel for the defendant will be out of state from April 6, 2010 to April 21, 2010.

Speedy trial time is to be excluded from the date of this order through the date of the status conference set for May 21, 2010, pursuant to 18 U.S.C. §§ 3161 (h)(7)(A) and (B)(iv) [reasonable time to prepare] (Local Code T4).

DATED: March 30, 2010

Respectfully Submitted,

DANIEL J. BRODERICK Federal Defender Dennis S. Waks Supervising Assistant Federal Defender Attorney for Defendant JERRY ARBERT POOL

BENJAMIN B. WAGNER United States Attorney Dennis S. Waks for SEAN FLYNN Assistant U.S. Attorney

The status conference is continued to May 21, 2010, at 10:00 a.m. The court finds that a continuance is necessary for the reasons stated above and further finds that the ends of justice served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. Time is therefore excluded from the date of this order through May 21, 2010, pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B)(iv). (Local Code T4).

SO ORDERED.

EDWARD J. GARCIA United States District Court Judge

20100331

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