IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 2, 2010
UNITED STATES OF AMERICA,
Court: Hon. Frank C. Damrell Date: December 6, 2010 Time: 10:00 a.m.
FCD STIPULATION AND ORDER CONTINUING EXCLUDING TIME UNDER THE SPEEDY STATUS CONFERENCE DATE AND TRIAL ACT
It is hereby stipulated and agreed by and between plaintiff United States of America, on the one hand, and defendant Sandeep Sandhu, on the other hand, through their respective attorneys, that: (1) the status conference scheduled for December 6, 2010, at 10:00 a.m., shall be continued to January 24, 2011, at 10:00 a.m.; and (2) time from the date of this stipulation through, and including, the date of the status conference on January 24, 2011, 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)(A) and (B)(iv) and Local Code T4 (defense preparation). Specifically, the parties have agreed that a pre-plea presentence report would aid defense counsel in advising his client regarding the consequences of any proposed guilty pleas to be weighed against the risks and consequences of possible convictions after trial. The parties further agree that the pre-plea presentence report would aid both parties toward resolving the case and respectfully request that this Court order the Probation Office to prepare and disclose to the parties a pre-plea presentence report in defendant Sandhu's case.
Dated: December 2, 2010
BENJAMIN B. WAGNER UNITED STATES ATTORNEY
SAMUEL WONG Assistant U.S. Attorney
DATED: December 2, 2010
Johnny Griffin, III
JOHNNY GRIFFIN, III Attorney for defendant Sandhu Sandeep
The Court, having received, read, and considered the stipulation of the parties, and good cause appearing therefrom, adopts the stipulation of the parties in its entirety as its order. Based on the stipulation of the parties and the recitation of facts contained therein, the Court specifically finds that the ends of justice served by the granting of such continuance outweigh the interests of the public. The Court also finds the requested continuance is necessary to provide defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. It is ordered that the time from the date of the stipulation December 2, 2010, to and including January 24, 2011, shall be excluded from computation of time within which the trial of this case must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C. § 3161(h)(7)(A) and (B)(iv) and Local Code T4 (defense preparation).
It is further ordered that the December 6, 2010, status conference shall be continued until January 24, 2011, at 10:00 a.m.
It is further ordered that the United States Probation Office prepare and disclose to the parties a pre-plea presentence investigation report by January 17, 2011.
IT IS SO ORDERED.
Dated: December 2, 2010
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