The opinion of the court was delivered by: Hon. Edward J. Garcia United States District Judge
STIPULATION AND ORDER TO RESET SCHEDULE
The United States of America, through its counsels of record, Benjamin B. Wagner, United States Attorney for the Eastern District of California, and William S. Wong, Assistant United States Attorney, and the defendant Dalono Rankins, and his counsel of record, Caro Marks, Assistant Federal Defender, hereby stipulate as follows:
The hearing date of April 16, 2010, should be continued until May 14, 2010, at 10:00 a.m. and the motions schedule continued accordingly.
Since the defendant has concluded its investigation and filed its motion to suppress evidence, the parties have been in good faith negotiations in attempt to resolve numerous complicated issues relating to sentencing in order to arrive at a finalized plea agreement. Because of the nature of the defendant's injuries and physical condition, additional time is needed in order to attempt a resolution of this case. Accordingly, the parties stipulate to the revised schedule as follows:
Government's opposition by April 23, 2010;
Defendant's reply, if any, by May 7, 2010; and Non-evidentiary law and motion hearing on May 14, 2010 at 10:00 a.m.
The parties agree that time be excluded pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv) - Local Code T4 - reasonable time for counsels to prepare and pursuant to Local Code E for pending motion. The parties agree that time be excluded under these provisions for the reasons stated above from April 16, 2010 to and including, May 14, 2010, or to the date when the Court reasonably files its order deciding the motion pending before the Court.
Good cause having been shown, it is hereby ordered that the revised schedule is adopted and that time should be excluded for the reasons and for the time period set forth above.
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