IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 6, 2011
UNITED STATES OF AMERICA, PLAINTIFF,
MOHAMMAD NASIR KHAN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Morrison C. England, Jr. United States District Judge
STIPULATION TO CONTINUE STATUS
CONFERENCE AND EXCLUDE TIME
UNDER THE SPEEDY TRIAL ACT; AND ORDER THEREON
IT IS HEREBY STIPULATED AND AGREED between the defendants, Obed Ur Rahman, Mohammad Nasir Khan, and Shaker Ahmed, by and through their defense counsel, Randy Thomas, Bruce Locke, and Joseph Wiseman, and the United States of America by and through its counsel, Assistant U.S. Attorney John Vincent, that the status conference presently set for April 7, 2011 at 9:00 a.m., should be continued to May 5, 2011 at 9:00 a.m., and that time under the Speedy Trial Act should be excluded from April 7, 2011 through May 5, 2011.
The reason for the continuance is that the case is a tax and social security fraud case that is somewhat complex. Mr. Thomas has been negotiating a plea agreement with the government and is in the process of providing additional information to the government concerning the social security charges. Mr. Locke has swapped tax calculations with the government and is in the process of negotiating the details of a plea agreement. Mr. Wiseman is also in the process of negotiating a plea agreement. The defense needs additional time to complete the negotiations and to review the plea agreement with the defendants.
Accordingly, the time between April 7, 2011 and May 5, 2011 should be excluded from the Speedy Trial calculation pursuant to Title 18, United States Code, Section 3161(h)(7)(B)(iv) and Local Code T-4 for defense preparation.The parties stipulate that the ends of justice served by granting this continuance outweigh the best interests of the public and the defendant in a speedy trial. 18 U.S.C. §3161(h)(7)(A). Mr. Thomas, Mr. Wiseman, and Mr. Vincent have authorized Mr. Locke to sign this pleading for them.
DATED: April 5, 2011 BRUCE LOCKE Attorney for Mohammad Nasir Khan DATED: April 5, 2011 RANDY THOMAS Attorney for Obed Ur Rahman DATED: April 5, 2011 Bruce Locke For JOSEPH WISEMAN Attorney for Shaker Ahmed DATED: April 5, 2011 Bruce Locke For JOHN VINCENT Attorney for the United States
For the reasons set forth above, the Court finds that there is GOOD CAUSE for the continuance and the exclusion of time, and that the ends of justice served by this continuance outweigh the best interests of the public and the defendant in a speedy trial. The calendaring change set forth above IS SO ORDERED.
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