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United States v. Ioane

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, FRESNO


November 16, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
MICHAEL S. IOANE, DEFENDANT.

The opinion of the court was delivered by: Honorable Lawrence J. O'Neill United States District Court Judge

STIPULATION FOR CONTINUANCE AND ORDER THEREON

IT IS HEREBY STIPULATED between Defendant, MICHAEL S. IOANE, by and through his attorney of record, Anthony P. Capozzi, and Plaintiff, by and through Assistant United States Attorney, Mark Cullers, that the Trial now scheduled to begin on Monday, December 13, 2010 be continued to Monday, January 31, 2011 at 9:00 a.m. In addition, the Trial Confirmation/Motions hearing will be moved from Monday, November 15, 2010 to Friday, January 7, 2011 at 8:00 a.m.

It is also stipulated that the motions will be rescheduled as follows:

Motions in Limine December 7, 2010 Responses December 21, 2010

Further, it is stipulated by the parties that any delay resulting from this continuance shall be excluded on the following basis:

(1) Title 18, United States Code, Section 3161(h)(8)(A) -- that the ends of justice served by taking such action outweighs the best interest of the public and the defendant in a speedy trial;

(2) Title 18, United States Code, Section 3161(h)(8)(B)(ii): that is unreasonable to expect adequate preparation for pre-trial proceedings or for the trial itself with the time limits established due to the complexity of the case.

Respectfully submitted,

Dated: November 15, 2010

ANTHONY P. CAPOZZI, Attorney for Defendant, MICHAEL S. IOANE

Dated: November 15, 2010

MARK CULLERS Assistant United States Attorney

ORDER

IT IS SO ORDERED. Good cause having been shown, the Trial Confirmation Hearing set for Monday November 15, 2010 is vacated and rescheduled for Friday, January 7, 2011 at 8:00 a.m.

The Trial date of December 13, 2010 is also vacated and is rescheduled to begin on Monday, January 31, 2011 at 9:00 a.m.

Motions in Limine are now due on December 7, 2010 with responses due by December 21, 2010.

Additionally, time shall be excluded by stipulation from the parties and pursuant to 18 USC §§ 3161(h)(8)(A) and 3161(h)(8)(B)(ii).

20101116

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