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United States v. Clay

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


May 27, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
JOHNNY CLAY, JR., DEFENDANT.

The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge

STIPULATION AND PROPOSED ORDER FOR CONTINUANCE OF STATUS CONFERENCE

Date: May 28, 2010 Time: 9:00 a.m. Hon. Garland E. Burrell, Jr.

It is hereby stipulated and agreed to between the United States of America through SEAN C. FLYNN, Assistant United States Attorney, and defendant, JOHNNY CLAY, JR., by and through his counsel, that the status conference in the above-captioned matter set for Friday, May 28, 2010, be continued to Friday, June 25, 2010, at 9:00 a.m.

The parties further stipulate that the time period from May 28, 2010, up to and including the new status conference date of June 25, 2010, should be excluded from computation of the time for commencement of trial under the Speedy Trial Act. The parties stipulate that the ends of justice are served by the Court excluding such time, so that defense counsel may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). Specifically, defendant agrees that his counsel needs additional time to continue discussions with the government regarding potential resolution of the case, review produced discovery in the case, and effectively evaluate the posture of the case and potentially prepare for trial. See id.

For these reasons, defendant, defense counsel, and the government stipulate and agree that 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)(B)(iv) (Local Code T4).

Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney

DATE: May 27, 2010

SEAN C. FLYNN Assistant U.S. Attorney

Linda Harter, by SCF

DATE: May 27, 2010

LINDA HARTER Counsel for defendant Clay

IT IS SO ORDERED.

20100527

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