IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 7, 2010
UNITED STATES OF AMERICA, PLAINTIFF,
GABRIEL JOHNSON, DEFENDANT.
The opinion of the court was delivered by: Garland E. Burrell, Jr. United States District Judge
STIPULATION AND [PROPOSED] ORDER TO CONTINUE STATUS CONFERENCE Date: October 22, 2010 Time: 9:00 a.m.
Judge: Hon. Garland E. Burrell, Jr.
IT IS HEREBY STIPULATED between the parties, DAN McCONKIE, Assistant United States Attorney, and DOUGLAS BEEVERS, Assistant Federal Defender, attorney for defendant GABRIEL JOHNSON, that the status conference of October 8, 2010 be vacated, and the matter be set for status conference on October 22, 2010 at 9:00 a.m.
The reason for the continuance is to allow the parties additional time to negotiate a resolution to this matter. The parties agree a continuance is necessary for this purpose, and agree to exclude time under the Speedy Trial Act accordingly.
IT IS STIPULATED that the period from the signing of this Order, up to and including the October 22, 2010 status conference, 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)(B)(iv) and Local Code T4, for ongoing preparation of counsel.
Dated: October 5, 2010 Respectfully submitted, DANIEL BRODERICK Federal Defender DOUGLAS BEEVERS Assistant Federal Defender Attorney for Defendant GABRIEL JOHNSON
Dated: October 5, 2010 BENJAMIN B. WAGNER United States Attorney DAN McCONKIE Assistant U.S. Attorney
UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for October 8, 2010, be continued to October 22, 2010 at 9:00 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that the failure to grant a continuance in this case would deny defendant 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 from the date of this Order, to and including, the October 22, 2010 status conference 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)(B)(iv) and Local Code T-4, to allow defense counsel time to prepare.
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