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United States v. Forkner

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


November 17, 2010

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DAVID FORKNER AND LORETTA CANHAM, DEFENDANTS.

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

Date: November 19, 2010

Time: 9:00 a.m.

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE

IT IS HEREBY stipulated between the United States of America through its undersigned counsel, Michael M. Beckwith, Assistant United States Attorney, together with counsel for defendant David Forkner, John R. Manning Esq., and counsel for defendant Loretta Leigh Canham, Dennis S. Waks Esq., request that the status conference currently set for November 19, 2010, be continued to January 14, 2011, and stipulate that the time beginning November 19, 2010, and extending through January 14, 2011, should be excluded from the calculation of time under the Speedy Trial Act. The parties request to exclude time for defense preparation. This matter involves a wire intercept on several telephones and related pen registers, as well as over 3000 pages of discovery.

The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendants in a speedy trial. 18 USC § 3161(h)(7)(B)(iv) and (Local T-4).

IT IS SO STIPULATED.

Dated: November 16, 2010

JOHN R. MANNING Attorney for Defendant David Robbie Forkner

Dated: November 16, 2010

John R. Manning for DENNIS S. WAKS Attorney for Defendant Loretta Leigh Canham

Dated: November 16, 2010

Benjamin B. Wagner United States Attorney by: John R. Manning for MICHAEL M. BECKWITH Assistant U.S. Attorney

GOOD CAUSE APPEARING, it is hereby ordered that the November 19, 2010 status conference be continued to January 14, 2011 at 9:00 a.m. I find that the ends of justice warrant an exclusion of time and that the defendant's need for continuity of counsel and reasonable time for effective preparation exceeds the public interest in a trial within 70 days.

THEREFOR IT IS FURTHER ORDERED that time be excluded pursuant to 18 U.S.C. § 3161 (h)(7)(B)(iv) and Local Code T4 from the date of this order to January 14, 2011.

IT IS SO ORDERED.

20101117

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