IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 9, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
JEFFREY BARNES DEFENDANT.
The opinion of the court was delivered by: Honorable John A. Mendez
STIPULATION TO SET NEW DATE FOR STATUS CONFERENCE AND LIKELY CHANGE OF PLEA; ORDER THEREON (Defendant Out Of Custody)
May 4, 2010
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, JARED DOLAN, Assistant United States Attorney, attorney for Plaintiff, and MARK J. REICHEL, Esq., attorney for defendant, that the present date for the hearing be vacated and re calendared for May 4 2010 at 9:30 a.m. This continuance is requested as defense counsel needs time to obtain records to determine defendant's criminal history for USSG purposes; counsel was in a jury trial in San Jose Federal Court from March 22, 2010 until April 6, 2010, and there has been an apparent plea agreement reached between the parties for resolution of the matter. The plea agreement was provided on March 3, 2010 and the parties have been negotiating since that Stipulation time, defense counsel is reviewing same and advising his client. Based upon the foregoing, the parties and defendant agree that time under the Speedy Trial Act from the date of April 13, 2010 through May 4, 2010 should be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to Title 18 U.S.C. § 3161 (H)(7)(B)(iv) and Local Code T4.
DATED: April 9, 2010.
MARK J. REICHEL, ESQ. MARK J. REICHEL Attorney for defendant
BENJAMIN WAGNER United States Attorney JARED DOLAN Assistant U.S. Attorney Attorney for Plaintiff
IT IS SO ORDERED. Time is excluded in the interests of justice pursuant to 18 U.S.C. § 3161 (H)(7)(B)(iv) and Local Code T4.
HONORABLE JOHN A. MENDEZ United States District Court
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