IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 23, 2011
UNITED STATES OF AMERICA,
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 CHRISTOPHER JACKSON
STIPULATION AND [PROPOSED ORDER; CONTINUING STATUS CONFERENCE AND EXCLUDING TIME
Date: April 1, 2011 Time: 9:00 a.m.
IT IS HEREBY STIPULATED by and between the parties hereto through their respective counsel, MATTHEW SEGAL, Assistant United States Attorney, attorney for Plaintiff, and LINDA C. HARTER, attorney for CHRISTOPHER JACKSON, that the status conference hearing date of February 25, 2011 be vacated, and the matter be set for status conference on April 1, 2011 at 9:00 a.m.
The reason for this continuance is the defendant needs additional time to consult with and hire private counsel and the government has recently provided a prodigious amount of discovery that will have to be reviewed.
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 April 1, 2011 pursuant to 18 U.S.C. §3161 (h)(7)(A)and (B)(iv)[reasonable time to prepare] and Local Code T4 based upon continuity of counsel and defense preparation.
ORDER UPON GOOD CAUSE SHOWN and the stipulation of all parties, it is ordered that the February 25, 2011, status conference hearing be continued to April 1, 2011, at 9:00 a.m. Based on the representation of defense counsel and good cause appearing there from, the Court hereby finds that the failure to grant a continuance in this case would deny defense counsel reasonable time necessary for effective preparation, taking into account the exercise of due diligence. The Court finds that the ends of justice to be served by granting a continuance outweigh the best interests of the public and the defendant in a speedy trial. It is ordered that time up to and including the April 1, 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)(iv) and Local Code T-4, to allow defense counsel reasonable time to prepare.
GARLAND E. BURRELL, JR. United States District Judge
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