IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
December 17, 2010
UNITED STATES OF AMERICA,
JOHNNY CLAY, JR.,
The opinion of the court was delivered by: Judge: Hon. Garland E. Burrell, Jr.
DANIEL J. BRODERICK, Bar #89424 Federal Defender LINDA C. HARTER, Bar #179741 Chief Assistant Federal Defender Designated Counsel for Service 801 I Street, 3rd Floor Sacramento, California 95814 Telephone: (916) 498-5700 Attorney for Defendant JOHNNY CLAY, JR.
STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
Date: January 21, 2011
Time: 9:00 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, JARED DOLAN, Assistant United States Attorney, attorney for Plaintiff, and LINDA C. HARTER, Chief Assistant Federal Defender, attorney for Defendant, that the status conference hearing date of December 17, 2010 be vacated, and the matter be set for status conference on January 21, 2011 at 9:00 a.m.
Negotiations between the parties toward a misdemeanor disposition of this case have been completed. Defense counsel has communicated the most recent plea offer to Mr. Clay who resides in Texas. He has signed the plea offer and returned it to counsel. Counsel for the government is preparing the information and the parties expect that a plea will be entered before the assigned magistrate within a few weeks.
Based upon the foregoing, the parties agree that the time under the Speedy Trial Act should be excluded from the date of signing of this order through and including January 21, 2011 pursuant to 18 U.S.C. §3161 (h)(7)(B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation. Dated: December 16, 2010
ORDER IT IS SO ORDERED. Time is excluded from the date of the signing of this order through and including January 21, 2011 in the interest of justice pursuant to 18 U.S.C. §3161(h)(7)(B)(iv) [reasonable time to prepare] and Local Code T4.
GARLAND E. BURRELL, JR. United States District Judge
Stip & Order/U.S. v. Johnny Clay 2
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