IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 12, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
JOHNNIE EARL ROSS, DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
STIPULATION AND [PROPOSED] ORDER EXCLUDING TIME UNDER THE SPEEDY TRIAL ACT
IT IS HEREBY STIPULATED by and between the parties that the time for trial of this matter under the Speedy Trial Act (18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4) be excluded for the period from April 23, 2010, up to and including May 21, 2010.
The request for exclusion of time is made on the ground that the additional time is needed to allow completion of a preplea/pre-sentence report. The parties requested the report by a "Stipulation and Order to U.S. Probation to Prepare a Pre-Plea Pre-Sentence Report," filed on March 9, 2010. The parties concurrently filed a "Stipulation and [Proposed] Order Continuing the Status Conference" from March 12, 2010 to April 23, 2010.
The Court approved the latter request on March 15, 2010.
The United States Probation Department subsequently requested that the matter be continued to May 21, 2010. The probation officer requested the additional time on the ground that it was necessary for completion of the pre-plea/pre-sentence report. Both parties believe that information provided in the pre-plea/pre-sentence report is a prerequisite to settlement. Information in the report regarding probation's likely recommended sentence and criminal history calculations will allow the parties to finalize the terms of a proposed Plea Agreement. Both the government and defendant agree that an exclusion of time is appropriate under 18 U.S.C. § 3161(h)(8)(B)(iv); Local Code T4 (reasonable time to prepare).
Douglas Beevers agrees to this request and has authorized Assistant United States Attorney Todd D. Leras to sign this stipulation on his behalf.
IT IS HEREBY ORDERED:
Based on the stipulations and representations of the parties, the Court finds that the ends of justice outweigh the best interest of the public and Defendant in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4 (reasonable time to prepare) from April 23, 2010, up to and including May 21, 2010.
IT IS SO ORDERED.
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