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United States v. Stohlman

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


May 18, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
TORI MICHELLE STOHLMAN, JAMES KEITH FLETCHER, KYLE LEONARD, DEFENDANTS.

ORDER CONTINUING STATUS CONFERENCE

This matter came before the Court for a status conference on May 4, 2010, at 9:15 a.m. The United States was represented by Assistant United States Attorney Todd D. Leras. Defendants Stohlman, Fletcher and Leonard were personally present. Attorney Jesse Santana appeared for his client, Defendant Fletcher. He also appeared on behalf of Attorney David Vasquez with the consent of Defendant Stohlman, and on behalf of Attorney Roberto Marquez with the consent of Defendant Leonard.

The parties agreed to set a briefing schedule for defense motion(s) as follows:

Defendants' Motion(s) Filed by September 7, 2010 Government Opposition Brief Due September 28, 2010 Defense Reply Brief Due October 5, 2010 The parties, and all defendants, further agreed to set a non-evidentiary hearing and status conference date of October 19, 2010, at 9:15 a.m.

The Court adopted the briefing schedule proposed by the parties and continued the matter for a non-evidentiary hearing and status conference on October 19, 2010, at 9:15 a.m. Based on the representations of defense counsel that time was needed to research and prepare the defense motion(s), the Court further ordered that time be excluded under the Speedy Trial Act, 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4 (reasonable time to prepare) up to and including September 7, 2010. The Court ordered that upon filing of the motion time shall be excluded, up to and including October 19, 2010, for a pending motion pursuant to 18 U.S.C. § 3161(h)(1)(D) and Local Code E. The Court directed government counsel to prepare a formal order.

IT IS HEREBY ORDERED:

1. A status conference and non-evidentiary hearing on defense motions is set for October 19, 2010, at 9:15 a.m.

2. The Court adopts the briefing schedule requested by the parties.

3. Based on the parties' representations, the Court finds that the ends of justice outweigh the best interest of the public and Defendants in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded for attorney preparation through September 7, 2010. Upon filing of defense motion(s) time shall further be excluded through October 19, 2010.

IT IS SO ORDERED

20100518

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