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United States of America v. Gary Roy Motz

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


December 8, 2010

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
GARY ROY MOTZ,
DEFENDANT.

The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge

STIPULATION AND ORDER CONTINUING STATUS CONFERENCE

IT IS HEREBY STIPULATED by and between Plaintiff United States of America and Attorney Donald Heller, Counsel for Defendant Gary Motz, that the status conference scheduled for December 9, 2010, be continued to January 6, 2011. The request to continue the status conference is made on the ground that the parties need additional time to finalize the terms of a proposed Plea Agreement.

The investigation of this matter involved matters charged in the indictment and other offenses which have not yet been charged. The parties are working to craft mutually agreeable language in the Plea Agreement to address the latter category of offenses. The Assistant United States Attorney assigned to investigation of the uncharged matters is out of the office until December 13, 2010. Consultation with her is necessary before the Plea Agreement can be finalized.

Both parties agree that an exclusion of time is appropriate under 18 U.S.C. § 3161(h)(7)(B)(iv); Local Code T4 (reasonable time to prepare). Donald Heller agrees to this request and has authorized Assistant United States Attorney Todd D. Leras to sign this stipulation on his behalf.

DATED: December 7, 2010

By:

TODD D. LERAS Assistant U.S. Attorney

DATED: December 7, 2010

By:

Todd D. Leras for

DONALD HELLER Attorney for Defendant GARY MOTZ

IT IS HEREBY ORDERED:

1. The status conference set for December 9, 2010, is continued to January 6, 2011, at 9:00 a.m.

2. Based on the stipulations and representations of the parties, the Court finds that the ends of justice outweigh the best interest of the public and Defendant in a speedy trial. Accordingly, time under the Speedy Trial Act shall be excluded under 18 U.S.C. § 3161(h)(7)(B)(iv) and Local Code T4 (reasonable time to prepare) up to and including January 6, 2011.

IT IS SO ORDERED.

20101208

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