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United States v. Clay

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


October 6, 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.

Date: November 19, 2010

Time: 9:00 a.m.

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

IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, JARED DOLAN, 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 October 8, 2010 be vacated, and the matter be set for status conference on November 19, 2010 at 9:00 a.m.

Negotiations between the parties toward a possible misdemeanor disposition of this case have been ongoing. On today's date, defense counsel received a new plea offer from government counsel and additional time is needed to communicate the new plea offer with Mr. Clay who resides in Texas.

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 November 19, 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: September 6, 2010

Respectfully submitted,

DANIEL J. BRODERICK Federal Public Defender LINDA C. HARTER Chief Assistant Federal Defender Attorney for Defendant JOHNNY CLAY, JR.

Dated: September 6, 2010

BENJAMIN B. WAGNER United States Attorney Linda C. Harter for JARED DOLAN 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 November 19, 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

20101006

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