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United States v. Charles

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


May 11, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DARYL CHARLES, DEFENDANT.

ORDER

ORDER CONTINUING CASE AND SETTING STATUS CONFERENCE

The parties appeared before the Court on Tuesday, May 4, 2010, in case number CRS-08-580 LKK. At that time, the Court granted the defendant's motion to withdraw his guilty plea, C.R. 63, and set the matter for further status conference on based upon the representations and agreement of both counsel. The Court ordered that a status conference be held on May 18, 2010, at 9:15 a.m., and that the time beginning May 4, 2010, and extending through November 18, 2010, was excluded from the calculation of time under the Speedy Trial Act. The exclusion of time is appropriate due to the parties need to prepare following the defendant's withdrawal of his guilty plea. The additional time is necessary to ensure defense counsel's effective preparation, taking into account the exercise of due diligence.

18 U.S.C. § 3161(h)(7)(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)(7)(A).

IT IS SO ORDERED.

20100511

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