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United States v. Eggleston

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


September 22, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
GEORGE M. EGGLESTON, DEFENDANT.

The opinion of the court was delivered by: Judge: Hon. Lawrence J. O'Neill

STIPULATION TO CONTINUE STATUS CONFERENCE HEARING; ORDER

Date: September 30, 2010

IT IS HEREBY STIPULATED by and between the parties hereto and through their respective attorneys, that the status conference hearing in the above-captioned matter now scheduled for September 24, 2010 may be continued to September 30, 2010 at 8:15 a.m.

This continuance is requested by counsel for the defendant to allow additional time for further defense preparation prior to hearing. Counsel has received approximately 400 pages of additional discovery and needs sufficient time to review and discuss the discovery with defendant prior to the hearing. Additionally, the parties are attempting to negotiate a resolution of the case and need additional time to finalize a resolution. Assistant United States Attorney Michele Thielhorn has no objection to this request. The requested continuance will conserve time and resources for both counsel and the court.

The parties agree that time shall be excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B) in that the ends of justice served by the continuance outweigh the best interest of the public and the defendant in a speedy trial, since the failure to grant such a continuance would deny counsel for the defendant the reasonable time necessary for effective preparation, taking into account the exercise of due diligence.

DATED: September 21, 2010

BENJAMIN B. WAGNER United States Attorney MICHELE L. THIELHORN Assistant United States Attorney Attorney for Plaintiff

DANIEL J. BRODERICK Federal Defender MELODY M. WALCOTT Assistant Federal Defender Attorney for Defendant GEORGE M. EGGLESTON

ORDER IT IS SO ORDERED. Time is excluded pursuant to 18 U.S.C. §§ 3161(h)(7)(A) and (B). For the reasons stated above, the court finds that the ends of justice served by the delay outweigh the best interest of the public and the defendant in a speedy trial.

LAWRENCE J. O'NEILL, Judge United States District Court

20100922

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