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United States v. Clay

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


June 24, 2010

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

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

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME

Date: June 25, 2010

Time: 9:00 a.m.

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, SEAN FLYNN, Assistant United States Attorney, attorney for Plaintiff, and LINDA C. HARTER, Chief Assistant Federal Defender, attorney for Defendant, that the status conference hearing date of June 25, 2010 be vacated, and the matter be set for status conference on July 23, 2010 at 9:00 a.m.

Negotiations between the parties toward a possible misdemeanor disposition of this case have been ongoing and are near completion. Further time is needed to finalize settlement options and negotiate resolution.

Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including July 23, 2010 pursuant to 18 U.S.C. §3161 (h)(7)(B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.

Dated: June 23, 2010

Respectfully submitted,

DANIEL J. BRODERICK Federal Public Defender

LINDA C. HARTER Chief Assistant Federal Defender Attorney for Defendant JOHNNY CLAY, JR.

Dated: June 23, 2010

BENJAMIN B. WAGNER United States Attorney

Linda C. Harter for SEAN FLYNN Assistant U.S. Attorney Attorney for Plaintiff

ORDER IT IS SO ORDERED. Time is excluded from the date of the signing of this order through and including July 23, 2010 in the interest of justice pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) [reasonable time to prepare] and Local Code T4.

GARLAND E. BURRELL, JR. United States District Judge

20100624

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