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United States v. Yokom

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


June 10, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
SHERI LYNN YOKOM, DEFENDANT.

The opinion of the court was delivered by: Judge Hon. Garland E. Burrell

STIPULATION AND [PROPOSED] ORDER

Date: June 25, 2010

It is hereby stipulated between the parties, Assistant United States Attorney Michael Anderson, and Assistant Federal Defender Caro Marks, attorney for defendant Sheri Lynn Yokom, as follows:

The change of plea/judgment and sentencing date of June 11, 2010, should be continued until June 25, 2010.

The reason for the continuance is that the defendant has qualified for a section 5K departure from the applicable guidelines. The parties need additional time to discuss the departure, and the government needs time to write the required "5K letter". To allow the parties time to complete these tasks, they stipulate to continue the present status conference/entry of plea date from June 11, 2010 to June 25, 2010.

Therefore, IT IS STIPULATED between the parties that the time period between the signing of this Order up to and including June 25, 2010 be excluded in computing the time within which trial must commence under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4, for ongoing preparation and continuity of counsel.

Dated: June 9, 2010

Respectfully submitted,

DANIEL J. BRODERICK Federal Defender CARO MARKS Attorney for Defendant SHERI LYNN YOKOM

BENJAMIN WAGNER United States Attorney MICHAEL ANDERSON Assistant United States Attorney

ORDER

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the June 11, 2010 status conference be continued to June 25, 2010 at 9:00 a.m. Based on the representation of defense counsel and good cause appearing there from, the court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the status conference on June 25, 2010 shall be excluded from computation of time within which the trial of this matter must be commenced under the Speedy Trial Act pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.

GARLAND E. BURRELL, JR. United States District Judge

20100610

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