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United States of America v. Johnnie Earl Ross

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


January 5, 2011

UNITED STATES OF AMERICA,
PLAINTIFF,
v.
JOHNNIE EARL ROSS,
DEFENDANT.

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

STIPULATION AND [PROPOSED] ORDER CONTINUING STATUS CONFERENCE

Date: January 21, 2011 Time: 9:00 a.m.

It is hereby stipulated between the parties, TODD LERAS, Assistant United States Attorney, attorney for plaintiff, and DOUGLAS BEEVERS, Assistant Federal Defender, attorney for defendant JOHNNIE EARL ROSS, that the Status Conference hearing date of January 14, 2011 , be vacated and a new Status Conference hearing date of January 21, 2011 at 9:00 a.m. be set.

The reason for the continuance is to allow counsel additional time to negotiate a resolution in this matter. The parties agree a continuance is necessary for these purposes, and agree to exclude time under the Speedy Trial Act accordingly.

IT IS STIPULATED that the period from the date of the parties' signing of this stipulation, and up to and including the January 21, 2011 status conference, shall be excluded in computing the time within which trial of this matter must be commenced under the Speedy Trial Act, pursuant to 18 U.S.C §3161(h)(7)(A) and (B) (ii) and (iv) and Local Code T4 (ongoing preparation of defense counsel).

Dated: January 5, 2011 Respectfully submitted,

DANIEL J. BRODERICK Federal Defender /s/ Douglas J. Beevers DOUGLAS J. BEEVERS Assistant Federal Defender Attorney for Defendant JOHNNIE EARL ROSS

Dated: January 5, 2011

BENJAMIN B. WAGNER United States Attorney /s/ Todd Leras TODD LERAS Assistant U.S. Attorney

UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the status conference presently set for January 14, 2011, be continued to January 21, 2011 at 9:00 a.m. Based on the representation of defense counsel and good cause appearing therefrom, the Court hereby finds that it is unreasonable to expect adequate preparation for pretrial proceedings and trial itself within the time limits established in 18 U.S.C. § 3161, the requested continuance is necessary to provide defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds the ends of justice to be served by granting a continuance outweigh the best Stipulation and Order 2 interests of the public and the defendant in a speedy trial. It is ordered that time from the date of the parties' signing of this stipulation, up to and including, the January 21, 2011 status conference 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)(ii) and (iv) and Local Code T4 (allow defense counsel reasonable time to prepare).

IT IS SO ORDERED.

GARLAND E. BURRELL, JR. United States District Judge

20110105

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