AMENDED STIPULATION AND [PROPOSED] ORDER TO RESET MOTION SCHEDULE AND STATUS CONFERENCE
The United States of America, through its counsels of record, Benjamin B. Wagner, United States Attorney for the Eastern District of California, and William S. Wong, Assistant United States Attorney, and the defendant Damien Lamont Harris, through his counsel, Douglas Beevers, Assistant Federal Defender, and defendant Sabrina Marie Bucher, through her counsel, Erin Radekin, Esq., stipulate and agree to the following revised motion schedule regarding defendant Harris' motion currently set for June 21, 2010, at 8:30 a.m.:
1. Government's opposition shall be filed no later than July 9, 2010;
2. Defendant's reply, if any, shall be filed no later than July 19, 2010; and
3. Non-evidentiary hearing set for July 26, 2010, at 8:30 a.m.
The parties respectfully request that the Court allow some additional time for counsels and for the government to attempt a resolution of the matter which involves complex sentencing issues. Furthermore, counsel for the government is in a jury trial starting on June 14, 2010, in the matter of United States v. Holmes, CR S 08-325 EJG. With this revised law and motion schedule, the parties will attempt to resolve the matter, and if not, the government will file its response by the 9th of July, 2010. Accordingly, the parties stipulate to the revised law and motion schedule, as well as to vacate the current jury trial date of July 27, 2010, and the trial confirmation hearing date of July 12, 2010.
Additionally, the parties agree that time be excluded pursuant to 18 U.S.C. § 3161(h)(8)(B)(iv) - Local Code T-4 - reasonable time to prepare and for continuity of counsel, and 18 U.S.C. § 3161(h)(1)(F) - Local Code E - pending motion. The parties agree that time be excluded under these provisions for the reasons stated above from June 21, 2010, to and including July 26, 2010.
BENJAMIN B. WAGNER United States Attorney WILLIAM S. WONG Assistant U.S. Attorney
By: William S. Wong for DOUGLAS BEEVERS, ESQ. Attorney for Damien Harris
ERIN RADEKIN, ESQ. Attorney for Sabrina Bucher
Good cause having been shown, it is hereby ordered that the current jury trial date of July 27, 2010, and the trial confirmation date of July 12, 2010, is vacated and the revised motion schedule is adopted and that time should be excluded under Local Code T-4 ...