IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 15, 2011
UNITED STATES OF AMERICA,
The opinion of the court was delivered by: Kendall __ J. Newman United States Magistrate Judge
STIPULATION AND ORDER TO EXCLUDE TIME
The parties request that the preliminary examination in this case be continued from February 18, 2011 to February 25, 2011 at 2:00 p.m.. They stipulate that the time between February 18, 2011 and February 25, 2011 should be excluded from the calculation of time under the Speedy Trial Act and that there is good cause for a continuance of the preliminary examination pursuant to Fed. R. Crim. P. 5.1(d). The parties stipulate that the ends of justice are served by the Court excluding such time, so that counsel for the defendant may have reasonable time necessary for effective preparation, taking into account the exercise of due diligence. 18 U.S.C. § 3161(h)(7)(B)(iv). Specifically, the parties are continuing to discuss and analyze the evidence with an eye towards possible pre-indictment resolution. The parties stipulate and agree that the interests of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy return of an indictment and speedy trial. 18 U.S.C. § 3161(h)(7)(A); 18 U.S.C. § 3161(b).
Respectfully Submitted, BENJAMIN B. WAGNER United States Attorney
DATE: February 15, 2011 By: /s/ Matt Segal
MATTHEW D. SEGAL Assistant U.S. Attorney
DATE: February 15, 2011 /s/ Kyle Knapp
KYLE KNAPP Attorney for Defendant
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